SAN FRANCISCO — The U.S. Court of Appeals for Ninth Circuit has granted en banc review in a case dealing with the Federal Trade Commission’s authority to regulate the mobile phone industry.
The Ninth Circuit on Tuesday vacated a three-judge panel decision which had sided with AT&T Mobility LLC in its fight with the agency over the company’s practice of slowing down data service, known as data-throttling, for customers with unlimited data plans. Under Ninth Circuit rules, the case will now be reheard by an 11-judge panel of the court after a majority of the active judges voting to grant the FTC’s request to take the case up en banc.
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