Freedom of association is an essential part of freedom of speech because, in many cases, and as the US Supreme Court has stated, people can engage in effective speech only when they join with others.
The only way you can take this position is IF one of the parties is subject to antitrust action. Which in this case, it is. So we have to trust antitrust!
That being said, I think that is certainly valid to argue for antitrust action to be automatic - so enforcement is not wholly dependent on subjective criteria.
I'd like to see what you think is viable.