Illuminating the Anti-Coercion Foundations of Refusals to Deal

In Competition Policy International: Antitrust Chronicle, September 2024, Open Markets senior legal analyst Daniel Hanley publishes a paper, “ Illuminating the Anti-Coercion Foundations of Refusals to Deal.”

Abstract: 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 an essential aspect underlying the legality of refusals to deal. Reviving this principle is critical to restoring refusals to deal as a viable and robust antitrust claim against monopolists.