Extract to table

Key Elements of the *Aspen Skiing* Test The Aspen Skiing decision establishes several essential elements that a plaintiff must demonstrate in order to sustain a refusal-to-deal claim under Section 2: First, a prior voluntary course of dealing

The parties must have had an existing, voluntary, and presumably profitable business relationship

The monopolist must have unilaterally terminated the prior arrangement

The monopolist must have forfeited its own short-term economic interests in order to achieve an exclusionary end

The monopolist must have failed to offer a legitimate, non-pretextual business reason for the termination of the prior arrangement

§§ 251–252, establish a detailed regulatory regime governing the terms and conditions under which ILECs must provide interconnection access to CLECs