What Are The Elements For A Monopolization Claim Under The Federal Antitrust Laws?

Do you or your competitor have a monopoly in a particular market? If so, your conduct or their conduct might enter Sherman Act, Section 2 territory, which we call monopolization.

If you are in Europe or other jurisdictions outside of the United States, instead of monopoly, people might label the company with extreme market power as "dominant."

Of course, it isn't illegal itself to be a monopolist or dominant (and monopoly is profitable). But if you utilize your monopoly power or obtain or enhance your market power improperly, you might breach US, EU, or other antitrust and competition laws.

In the United States, Section 2 of the Sherman Act makes it illegal for anyone (person or entity) to "monopolize any part of the trade or commerce among the several states, or with foreign nations." But monopoly, by itself, is not illegal. Nor is it illegal for a monopolist to engage in competition on the merits.