Monopolization

Monopolization

Description

Section 2 of the Sherman Act is the primary federal law governing monopolization. The Supreme Court has identified two elements that must be established for a violation of Section 2: the possession of monopoly power and the acquisition or maintenance of such power as a result of anticompetitive conduct. Unilateral conduct is typically evaluated under the rule of reason, using a burden-shifting framework. A variety of unilateral practices are evaluated under the rule of reason, including exclusive dealing, predatory pricing, tying, bundling, refusals to deal, and the abuse of intellectual property.

First Page

180

DOI

https://doi.org/10.4337/9781802200546.00036

Source Publication

Elgar Encyclopedia on the Economics of Competition, Regulation and Antitrust

Source Editors/Authors

Michael D. Noel

Publication Date

12-31-2024

Publisher

Edward Elgar Publishing

Monopolization

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