No, but I think they should. Or anti-trust was enforced through some other means. Or at all really.
Citing the ToS is circular logic. They set the terms and can change them whenever they want!
A regulatory duty to deal is the opposite of setting your own terms. Yes, citing a ToS is acceptable in this scenario. We can throw ToS out if we all believed in duty to deal.
A regulatory duty to deal is the opposite of setting your own terms. Yes, citing a ToS is acceptable in this scenario. We can throw ToS out if we all believed in duty to deal.