Promoting Convergence On Anti-Monopoly Standards

Law360, New York (September 29, 2008, 12:00 AM EDT) -- It is well established that the offense of monopoly under Section 2 of the Sherman Act has two elements: (1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as distinct from growth or development as a consequence of a superior product, business acumen or historical accident. United States v. Grinell Corp., 384 U.S. 563, 570-71 (1966).

A difficulty faced by antitrust enforcement authorities and antitrust law practitioners is determining whether monopoly power has been acquired...
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