Anticompetitive Malice, Competitive Zeal, and the PlayStation Store
Posted 07/25/22
By David Golden
For antitrust practitioners, illegal unilateral refusals to deal are like four-leaf clovers: they exist but are rarely found. After all, Justice Scalia famously (or infamously, depending on your perspective) declared in Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko that refusals to deal lie “at or near the outer boundary of § 2 liability.”
It should come as no surprise then...