The Aspen Misadventure

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 and the litigation errors that undermined an effective defense. We argue that this decision should not provide a precedent for future challenges to unilateral refusals to deal.

By Roger D. Blair & Holly P. Stidham[1]

I. Introduction

Refusals to deal are nuanced and will vary with each case; however, a specific