Note:
John D. Chapman, The Monopolist’s Refusal to Deal: An
Argument for a Rule of Reason, 59 Texas L. Rev. 1107 (1981).
Abstract:
This Note argues the court decisions protecting a monopolist’s
refusal to deal that do not advantage the monopolist run counter
to sound economic policy and the goals of antitrust law. It
offers an economic justification for restricting monopolists’
freedom to refuse commercial dealings and consider remedies
provided by tort law, the Sherman Act, and the FTCA. Finally,
the Note argues that the FTC should aggressively supplement
Sherman Act restrictions in this area.