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 own “antitrust injury” caused by the defendant’s violation of Section 2.
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."
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."
HOW THE CONSUMER-WELFARE STANDARD TRANSFORMED CLASSICAL ANTITRUST LAW (By William Markham, ©2021)
"Since the late 1970s, antitrust law in the United States has been transformed out of recognition and rendered largely toothless by consumer-welfare jurisprudence....,"
ANTITRUST AND FREE MARKETS (BY William Markham, © 2022)
UNLAWFUL PRICE DISCRIMINATION (By William Markham, © 2013)
WHY ANTITRUST LAWS MATTER (By William Markham, © 2006)
Mr. Markham's Articles on
Trial Procedure and Contract Law
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."
ANATOMY OF A LAWSUIT (By William Markham, ©2007)
"This article is written for non-lawyers, young litigators, and non-litigator attorneys who wish to understand how a lawsuit works in practice from start to finish."
AN OVERVIEW OF CONTRACT LAW (By William Markham, ©2002)
"Contract law lies at the heart of our system of laws and serves as the foundation of our entire society.... Our society depends upon free exchange in the marketplace at every level. Contract law makes this possible."