Let’s see where this goes, wih some actual LEGAL PRECEDENT!
AT&T were sued using Sherman for excessively charging downstream DSL prices and putting third party suppliers in an Brooke(Pacific Bell Telephone Co. v. linkLine Communications, Inc., 555 U.S. 438 (2009))
The court looked into two tests, Trinko (Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP) and Brooke (Brooke Group Ltd. v. Brown & Williamson Tobacco Corp)
Brooke has one requirements "predatory pricing: below-cost retail pricing and a “ ‘dangerous probability’ ” that the defendant will recoup any lost profits"
As for Trinko, the court ruled that "A price-squeeze claim may not be brought under §2 when the defendant has no antitrust duty to deal with the plaintiff at wholesale."
In additionUnited States v. Colgate & Co was used to examine if Business are allowed to decide who they do, and don't want to deal with. The requirement here is if this decision would run afoul of the Brooke Test.
Granted Aspen Skiing Co.v. Aspen Highlands Skiing Corp. could be used to claim antitrust activity, but again Brooke comes into play and that's, as we've already seen, requires an accusation of predatory pricing.
I'd type more but I'm on my phone and it's hard work distilling a supreme court ruling using a smartphone keyboard.
Upshot of all this: No violation of Sherman was found. SCOTUS ruling - 2009.
Now, would you still like to Continue to accuse me of being ignorant, or shall we continue discussing case law were you now bring up a ruling that supports your point of view?
