Antitrust Chronicle® – Refusal to Deal

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 them an input that would help them compete. Its contours, however, have evolved over the decades. This Chronicle provides a vital update on the state of the art, including critical (yet constructive) commentary on the evolution of the doctrine.

Opening on a critical note, Erik Hovenkamp criticizes how courts have made a