Reconciling the Conflicting Views of the DOJ Report on Single-Firm Conduct

Global Competition Policy, 2008

Posted: 11 Apr 2011

See all articles by Luke M. Froeb

Luke M. Froeb

Vanderbilt University - Owen Graduate School of Management

Pingping Shan

OnPoint Analytics, Inc.

Date Written: October 13, 2008

Abstract

The U.S. Department of Justice (“DOJ”) report, Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act (“DOJ Report”) is either (1) an extraordinarily useful and well written summary of the legal and economic analyses in the most difficult and contentious area of antitrust or (2) a set of standards that makes it nearly impossible to bring a monopolization case.

In this essay, we attempt to: (1) reconcile the competing views of the report; (2) understand how the agencies’ common attempt to achieve a more uniform guidance on enforcement instead illuminated the differences between them; and (3) try to determine what this state of affairs means for policy.

Keywords: Antitrust, Monopolization, Sherman Act Section 2, FTC, US Department of Justice

JEL Classification: L42, L44

Suggested Citation

Froeb, Luke M. and Shan, Pingping, Reconciling the Conflicting Views of the DOJ Report on Single-Firm Conduct (October 13, 2008). Global Competition Policy, 2008. Available at SSRN: https://ssrn.com/abstract=1283883

Luke M. Froeb (Contact Author)

Vanderbilt University - Owen Graduate School of Management ( email )

401 21st Avenue South
Nashville, TN 37203
United States
615-322-9057 (Phone)
615-343-7177 (Fax)

Pingping Shan

OnPoint Analytics, Inc. ( email )

2000 Powell Street
Suite 860
Emeryville, CA 94608
United States

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