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Aspen Skiing 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.”

New yorkUnited statesDistrict of columbiaJamesw renfield millerJamese boasbergLina khanAmy klobucharMatthew perlmanFacebook incUs district courtImplications of the court dismissalsHouse judiciary committeeAspen highlands skiing corpNatlrr passenger corpFootball incDepartment of justice