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.
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