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Facebook Rulings Are a Setback for Antitrust Regulators but May Spur Amendments | Skadden, Arps, Slate, Meagher & Flom LLP


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20 that a monopolist has “the right to refuse to deal with other firms”
21 unless “the only conceivable rationale or purpose” for the refusal to deal is “to sacrifice short-term benefits in order to obtain higher profits in the long run from the exclusion of competition.”
22 Judge Boasberg concluded that, in order for a refusal to deal claim to be actionable, it “must involve specific instances in which that policy was enforced (i) against a rival with which the monopolist had a previous course of dealing; (ii) while the monopolist kept dealing with others in the market; (iii) at a short-term profit loss, with no conceivable rationale other than driving a competitor out of business in the long run.” ....

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