The Law and Economics of Monopolization Standards

Antitrust Law and Economics, 2009

Boston Univ. School of Law Working Paper No. 08-18

31 Pages Posted: 9 May 2008 Last revised: 9 Jun 2008

Keith N. Hylton

Boston University - School of Law

Abstract

This chapter provides a survey of the law and literature on monopolization. The focus is American law, but the issues considered are equally applicable to European law. After briefly reviewing the history of monopolization law in the U.S., I review various approaches to the legal standard for monopolization suggested in the literature. I then attempt to model monopolization standards, and assess their desirability in light of error costs.

Keywords: monopolization, dominance law, Sherman Act Section 2, rent seeking, welfare tradeoffs, consumer harm, specific intent, profit sacrifice, equally efficient competitor test, welfare balancing test, error costs

JEL Classification: K00, K21

Suggested Citation

Hylton, Keith N., The Law and Economics of Monopolization Standards. Antitrust Law and Economics, 2009; Boston Univ. School of Law Working Paper No. 08-18. Available at SSRN: https://ssrn.com/abstract=1131250

Keith N. Hylton (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)

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