By A. Douglas Melamed1   In a recent column,2 Judge Douglas Ginsburg and Koren Wong-Ervin argue that the default causation standard under Section 2 of the Sherman Act is “the…

In 2019, the Bundeskartellamt sanctioned Facebook (now Meta) for abusing its dominant position in the market for social media for private users by imposing abusive privacy terms and conditions on…

By Douglas H. Ginsburg & Koren W. Wong-Ervin*   There is currently confusion in the United States over the proper causation standard under Section 2 of the Sherman Act, with…

Dear Readers, Refusal to deal is one of the classic antitrust violations. In essence, it concerns situations where a dominant firm seeks to exclude its rivals by refusing to sell…

Antitrust’s refusal-to-deal (“RTD”) doctrine considers situations where a dominant firm excludes rivals by refusing to sell them something that would help them compete. For over a century, the courts have…

The refusal to deal claim in antitrust is, at its core, a prohibition on discriminatory supply of an input to downstream buyers. However, all in-house production requires such discrimination in…

In this article, we take a retrospective look at the Supreme Court’s decision in Aspen Skiing Co. v. Aspen Highlands Skiing Corp. We offer several criticisms of the Court’s ruling…

The antitrust concept of “refusal to deal” addresses situations where a firm declines to engage in a business relationship, often with a competitor or a downstream participant. This concept, while…

When can EU competition law compel a company to supply its competitors, overriding its contractual freedom and property rights? Recent EU court rulings have clarified that the strict “essential facilities”…

Self-preferencing refers to a business strategy that a company treats preferentially its own product in comparison with its customers’. Such conduct should be in principle allowed, and may be best…

For more than a century, anti-coercion has been a foundational principle for refusals to deal and anti-monopolization law in general. Since 2004, however, the Supreme Court has disregarded anti-coercion as…

By Christian Bergqvist1   Introduction It came somewhat unexpectedly when DG COMP, EU’s competition arm, issued a Statement of Objection (“SO”)2 in June 2024 to Microsoft for having included Teams…