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Baker Botts Files SCOTUS Amicus Brief on the Controversial Antitrust Topic of “Refusals to Deal” 

Media Alert

WASHINGTON, D.C., October 10, 2019 - In a timely case about whether a company with market power must accommodate customers who are also rivals, Baker Botts Antitrust and Competition Law Chair and Partner, Maureen Ohlhausen and Senior Associate, Jody Boudreault petitioned the United States Supreme Court on behalf of Dr. Janusz Ordover, Senior Consultant with Compass Lexecon, to grant certiorari to uphold the correct standard in Trendsettah USA v. Swisher International.

In the brief, Baker Botts argued that the long-standing rule that businesses have no general obligation to assist competitors protects the incentives that drive competition and benefit consumers, rather than the interest of a single player. Additionally, the brief argued that plaintiffs must prove that the defendant sacrificed short-run profits and that its action was irrational but for its anticompetitive effect. Baker Botts’ brief also claimed that plaintiffs must show an anticompetitive effect on the market and not just on the output of a single firm.

To read the full Brief, please click here.

Baker Botts' Antitrust practice is recognized as one of the world's leading competition practices, repeatedly included among GCR's "Global Elite" listing of the 20 leading firms in the world. Our lawyers have been described by clients as "excellent" and our firm is "particularly known in the field of merger control and joint venture clearance." (Chambers Europe 2019)

Read more about our Antitrust and Competition Law Practice.

To schedule an interview with the Baker Botts team, please contact Sheena Cochran.

Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit

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