Monopolization

Monopolization is to obtain exclusive possession of and/or to keep entirely to oneselfis, and is an offense under Section 2 of the American Sherman Antitrust Act, passed in 1890. Section 2 states that any person “who shall monopolize . . . any part of the trade or commerce among the several states, or with foreign nations shall be deemed guilty of a felony.” Section 2 also forbids “attempts to monopolize” and “conspiracies to monopolize.”

Insight

Expert Testimony Pivotal in Reversal of Summary Judgment in Antitrust Case

A dash of corporate intrigue lurked beneath the surface of a recent Tenth Circuit antitrust decision and was appealed due to the testimony of an expert witness.

Case Study

Predatory Pricing Expert in Monopolization Pre-Litigation

A predatory pricing expert was needed for a monopolization pre-litigation matter.

Case Study

Consumer Product Expert in Price Fixing

A consumer product expert with knowledge of price fixing was needed for antitrust class action litigation.

Case Study

Forensic Economics Expert to Evaluate Predatory Pricing Claims

A forensic economics expert was needed to evaluate predatory pricing claims for an antitrust case.

Insight

Supreme Court Limits Antitrust Suits

In a victory for major U.S. companies, a unanimous Supreme Court has set a strict standard of proof for cases alleging predatory bidding in violation of federal antitrust law. The court held that the standard it applied in 1993 to predatory selling also applies to predatory buying.