Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
(1) whether the Seventh Circuit erred in holding that a refusal-to-deal claim under § 2 of the Sherman Act may proceed despite the presence of valid business justifications for the refusal, in direct conflict with Trinko and decisions of the Second, Ninth, Tenth, and Eleventh Circuits; and
(2) whether the Seventh Circuit erred in allowing a plaintiff to avoid the limitations on a § 2 refusal-todeal claim by reframing it as some other form of anticompetitive conduct, such as tying, in direct conflict with Linkline and decisions of the Fourth, Ninth, and Tenth Circuits.
Case Updates
Cert. petition denied
June 28, 2021
U.S. Chamber urges Supreme Court to grant review and confirm that refusal-to-deal claims should be dismissed on the pleadings where the complaint itself reveals that the defendant’s conduct has a rational, procompetitive purpose
October 13, 2020
Click here to view the amicus brief. Steffen N. Johnson of Wilson Sonsini Goodrich & Rosati, PC served as co-counsel for the U.S. Chamber Litigation Center.
Previously, the U.S. Chamber filed two amicus briefs when this case was before the Seventh Circuit.