MONOPOLIZATION

MONOPOLIZATION

monopolization, n. The act or process of obtaining a monopoly. ? In federal antitrust law, monopolization is an offense with two elements: (1) the possession of monopoly power ¡ª that is, the power to fix prices and exclude competitors ¡ª within the relevant market, and (2) the willful acquisition or maintenance of that power, as distinguished from growth or development as a consequence of a superior product, business acumen, or historical accident. United States v. Grinnell Corp., 384 U.S. 563, 86 S.Ct. 1698 (1966). [Cases: Monopolies 12(1.3). C.J.S. Monopolies ¡ì¡ì 28¨C37, 52, 64¨C66.] ¡ª monopolize, vb. ¡ª monopolistic, adj. ¡ª monopolist, n.

attempted monopolization. The effort to monopolize any part of interstate or foreign commerce, consisting in (1) a specific intent to control prices or destroy competition in the relevant market, (2) predatory or anticompetitive conduct, and (3) a ¡°dangerous probability¡± of success in achieving monopoly in the relevant market.


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