Top Components Of Effective Antitrust Corporate Compliance Programs, Part 2

Last week we posted a discussion concerning effective antitrust corporate compliance programs, and provided some factors that in-house counsel should consider in developing compliance programs governing employees' communications with competitors and dealings with customers and suppliers.  Today we continue that discussion by addressing the relevant factors in compliance programs concerning monopolization and dominance and price discrimination.

Monopolization and Dominance

Section 2 of the Sherman Act makes it unlawful for a company to "monopolize, or attempt to monopolize" trade or commerce.  FTC guidance explains that "it is not illegal for a company to have a monopoly, to charge 'high prices,' or to try to achieve a monopoly position by what might be viewed by some as particularly aggressive methods"; instead, the FTC explains that the "law is violated only if the company tries to maintain or acquire a monopoly through unreasonable methods."  In practice, that