The Justice Department’s Section 2 Report: In Search of A General Theory of Exclusionary Conduct

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Joseph Angland, Oct 1, 2008

A key element in a claim for actual or attempted monopolization is that the defendant used improper means to acquire, maintain, or attempt to acquire monopoly power. The cases use a plethora of adjectives to describe this improper behavior including “exclusionary,” “predatory,” and “anticompetitive” but do not provide a general, workable definition that distinguis