Section 2 Report A Window Into DOJ's Current Thinking

Law360, New York (September 18, 2008, 12:00 AM EDT) -- On Sep. 8, 2008, the Department of Justice's Antitrust Division (DOJ) released a much-anticipated report outlining its views on enforcement policy under Section 2 of the Sherman Act — "Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act" (the "Report").

Although the DOJ has stated that the Report reflects the substance of hearings on Section 2 (which, among other things, prohibits a firm from illegally acquiring or maintaining monopoly power) that were conducted jointly with the Federal Trade Commission (FTC) throughout 2006, the...
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