Refusal to Deal in Antitrust Law: Evolving Jurisprudence and Business Justifications in the Align Technology Case

The antitrust concept of “refusal to deal” addresses situations where a firm declines to engage in a business relationship, often with a competitor or a downstream participant. This concept, while rooted in the notion of business freedom, can pose antitrust concerns when a refusal harms competition or facilitates monopolization. The U.S. antitrust framework, particularly under the Sherman Act, seeks to strike a balance between a firm’s right to choose its business partners and