By Mark S. Popofsky & Ariel A. Martinez
Courts remain, in the words of one observer, mired in an “exclusionary conduct ‘definition’ war.” Applying Section 2’s broad prohibition on “monopolizing” conduct requires courts to select a governing legal test. Section 2 legal tests run the spectrum from rules of per se legality to rules of near per se illegality. Courts continue to grapple with this question.
Link to FULL ARTICLE !--more-->…
ACCESS TO THIS ARTICLE IS RESTRICTED TO SUBSCRIBERS
Please sign in or join us
to access premium content!