Clarifying Section 2 Of The Sherman Act

Law360, New York (October 21, 2008, 12:00 AM EDT) -- In the wake of the Microsoft case and similar matters both within the United States and elsewhere, there has been substantial interest within the antitrust community in the government’s setting forth clear standards for evaluating the conduct of dominant market participants with respect to such conduct as pricing, tying, unilateral refusals to deal, etc.

Much attention, therefore, was focused on the series of public hearings that the U.S. Department of Justice (“DOJ”) had held jointly with the Federal Trade Commission (“FTC”), on issues related to the...
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