Competing Refusal-To-Deal Tests At 7th, 9th Circs.

Law360 (October 9, 2019, 3:15 PM EDT) -- “[U]nilateral refusals to deal are almost always lawful”— said then U.S. Circuit Judge Neil Gorsuch on behalf of the U.S. Court of Appeals for the Tenth Circuit in Novell Inc. v. Microsoft Corp.[1] The Tenth Circuit followed Verizon Commications Inc. v. Law Offices of Curtis V. Trinko LLP,[2] narrowly construed Aspen Skiing Co. v. Aspen Highlands Skiing Corp.,[3] and set up a rigid irrationality requirement requiring as a first step that a refusal to deal plaintiff show that a monopolist lost overall profits as a result of its conduct.

Judge Gorsuch concluded that “[c]ases that meet the profit sacrifice test represent a...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!