[Peter_Spaeth]

Originally Posted by benjulmag

I am not an antitrust lawyer but I would think it is an unfair trading practice and violates the Sherman Antirust Act. A refusal to crossover expresses the opinion that company A got it wrong. By constantly doing that company B would be besmirching company A's reputation, causing it to lose substantial business and maybe go into bankruptcy. I would think that is actionable.

Suppose B just announces a policy that it will not cross over cards in other holders, period. With some narrow exceptions, which I won't bore you with, refusals to deal (which that would be akin to) even by a monopolist are not antitrust violations. A company generally can deal or not deal with whom it pleases at least insofar as the Sherman Act is concerned. Also, as to your hypothetical, I don't buy the premise that refusing to cross over a card is somehow tantamount to libel. And even if it were, there are some pretty onerous requirements before you can convert a business tort into an antitrust violation.

PS I am only responding to your antitrust point. I would have to think about other possible claims, and who would have standing to bring them.