NYNEX Corp. v. Discon, Inc., 525 U.S. 128, 13 (1998)

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140

NYNEX CORP. v. DISCON, INC.

Opinion of the Court

of Appeals' decision and allow the court to reconsider its finding of a § 2 claim.

IV

Petitioners ask us to reach beyond the "per se" issues and to hold that Discon's complaint does not allege anywhere that their purchasing decisions harmed the competitive process itself and, for this reason, it should be dismissed. They note that Discon has not pointed to any paragraph of the complaint that alleges harm to the competitive process. This matter, however, lies outside the questions presented for certiorari. Those questions were limited to the application of the per se rule. For that reason, we believe petitioners cannot raise that argument in this Court.

V

For these reasons, the judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

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