Aspen Skiing: Do you have to have danced before?
12 PM EDT
In Aspen Skiing, the U.S. Supreme Court recognized an exception to the rule that even a monopolist may refuse to deal with rivals where there existed a voluntary course of dealing with a rival. In Trinko, the Court described Aspen Skiing as being “at or near the outer boundary of § 2 liability.” A number of lower courts have since held that a monopolist’s refusal to deal can only violate Section 2 if a voluntary prior course of dealing existed. But is that a proper reading of Aspen Skiing? Or is a voluntary profitable prior course of dealing simply one of the ways a plaintiff can show that a refusal to deal violates Section 2?
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