Antitrust Column & Publications

Price-Squeeze Monopolization Claim Jettisoned by High Court

Date: 03/26/09

Source: The New York Law Journal. Reprinted with permission.

The U.S. Supreme Court ruled that allegations of a price squeeze could not state a claim for monopolization without an independent antitrust duty to deal, adding to a line of cases limiting the range of conduct that can form the basis of a Sherman Act §2 claim. The U.S. Court of Appeals for the Tenth Circuit decided that a ski resort did not violate antitrust laws by shutting down a competing ski rental business that had been operating on property acquired from the resort. Other recent antitrust developments of note included China's decision to block Coca-Cola's acquisition of a Chinese juice company, the first such disapproval of a merger under China's new antitrust law.

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