even licensing a superior production process) where competitors need such assistance in order to compete effectively. The Seventh Circuit has commented that
If [ Aspen Skiing] stands for any principle that goes beyond its unusual facts, it is that a monopolist may be guilty of monopolization if it refuses to cooperate with a competitor in circumstances where some cooperation is indispensable to effective competition. 6
Also, as Professors Areeda and Hovenkamp have noted, "virtually any act of a monopolist might be condemned under the jury instructions approved by the Aspen Court."7
Thus, Aspen Skiing invites a plethora of Section 2 refusal-to-deal cases by competitors against a rival with alleged monopoly power. Unless interpreted as not extended to such cases, Aspen Skiing may lead to a cutback on the basic principle that it is no violation of Section 2 for a firm to acquire or maintain monopoly power through self-developed productive process efficiency or superior product components that it does not make available to competitors. In addition to lowering incentives to innovate, imposing an obligation on a firm with monopoly power over components to sell them to competitors could involve courts in the complicated task of price and supply-allocation regulation because the allegedly necessary benefits to competitors from compulsory selling would be eliminated or reduced if the seller charged them high prices or favored itself during periods of supply shortage. And such obligations would tend to discourage beneficial vertical integration.
For the reasons set forth in the Areeda-Turner treatise, 8 vertical integration or integration into complementary products by a firm with monopoly power merits condemnation only in extremely limited circumstances; and where the integration is lawful, refusal to supply a monopolized product to competitors or a "price squeeze" on competitors rarely merits condemnation. 9
To sum up, as Professors Krattenmaker, Lande, and Salop point out, any formulation and expansion of Section 2 coverage must be very carefully drafted.