Reconciling the Conflicting Views of the DOJ Report on Single-Firm Conduct
Global Competition Policy, 2008
Posted: 11 Apr 2011
Date Written: October 13, 2008
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: Suggested Citation