Horizontal agreements excluding a competitor from access to a necessary input or market are per se unlawful where the participants possess market power. Boycotts with plausible efficiency justifications receive rule of reason analysis.
Trade association exclusions raise the issue frequently.
Alternative Names:
Concerted Refusal to Deal|Boycott
Why it Matters?
Per se treatment applies narrowly to boycotts cutting off access to something necessary to compete where the participants control it, and Northwest Wholesale Stationers requires market power or exclusive access before condemning the conduct categorically. Trade association membership and standard-setting exclusions are the recurring context, and procedural fairness in the exclusion decision supports rule of reason treatment.
Frequently Confused with
Related terms
Frequently asked questions
When does per se treatment apply?
What supports rule of reason treatment?
