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The Monopolization Offenses

Section 2 of the Sherman Act, which is codified at 15 U.S.C. § 2, forbids three kinds of monopolization: monopolization, attempted monopolization, and conspiracy to monopolize.

Broadly speaking, a defendant commits the offense of monopolization when it uses anticompetitive practices either to acquire or preserve a monopoly position in a properly defined relevant market.

Attempted monopolization occurs when a defendant uses anticompetitive practices for the purpose of acquiring a monopoly position in a properly defined relevant market, and it comes “dangerously close” to succeeding in this effort.

Conspiracies to monopolize refer to two or more independent actors that conspire to establish a monopoly seller (or buyer) in a properly defined relevant market.

Under modern federal law, a private plaintiff cannot prevail on any claim under Section 2 unless it can make the classical showings and also demonstrate its antitrust injury arising from “harm to competition” shown to have occurred within a properly defined relevant market.

MR. MARKHAM’S ARTICLES ON ANTITRUST LAW

AN OVERVIEW OF ANTITRUST LAW (By William Markham, © 2000)

“Antitrust law is the law of competition and is perhaps the least understood law of all. This article provides an overview and explanation of the essential principles of antitrust law.”
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ANTITRUST EXEMPTIONS AND IMMUNITIES (By William Markham, © 2022)

“Over the years, Congress and the federal courts have established various immunities from federal antitrust law, removing from its reach specified commercial activities and even entire lines of commerce.”
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HOW THE CONSUMER-WELFARE STANDARD TRANSFORMED CLASSICAL ANTITRUST LAW (William Markham, © 2021)

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MAKING SENSE OF THE RULES OF EVIDENCE AND PRESENTING YOUR EVIDENCE AT TRIAL (By William Markham, 2011)

“I try in this article simply to set forth a list of simple rules to explain the key points of the law of evidence. I also offer several pointers on organizing evidence in order to present it competently at trial.”
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ANATOMY OF A LAWSUIT (By William Markham, © 2007)

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AN OVERVIEW OF CONTRACT LAW (By William Markham, 2002)

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