The Monopolization Offenses - LAW OFFICES OF WILLIAM MARKHAM, P.C.

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 own “antitrust injury” caused by the defendant’s violation of Section 2.