Provides a complete overview of the treatment of corporate monopolization in the United States and outside jurisdictions, while also addressing the antitrust rules and principles that govern unilateral business conduct.
The proper antitrust treatment of monopolizing conduct is an area of perennial uncertainty and debate. This revised and updated second edition of The Monopolization and Dominance Handbook aims to give the reader an overview of the treatment of such conduct in the United States, with particular attention to areas of ambiguity and uncertainty, together with comparative discussion of approaches to such issues in jurisdictions outside the United States. It addresses the antitrust rules and principles that govern unilateral business conduct by firms with substantial market positions, referred to in the United States as the law of monopolization. In addition, the handbook compares and contrasts the approaches of courts and enforcers in the United States in this area of the law with those of counterparts in other jurisdictions.
It begins with a discussion of the economic principles that form the basis for the law of monopolization. It goes on to address monopoly power, the first element in the offense of monopolization, followed by an extensive discussion of the second, and perhaps most controversial element, illegal monopolizing conduct. The offenses of attempt to monopolize and conspiracy to monopolize are next considered. It closes describing how the law of monopolization is enforced and the challenges of crafting appropriate remedies for monopolization, another area that is subject to much debate.
