Article: US Department Of Justice Issues Report On Enforcement Policy Under Section 2 Of The Sherman Act.

Originally published September 12, 2008

Keywords: DOJ, Antitrust, enforcement policy, Sherman Act, Competition, Monopoly, single-firm, FTC, Kovacic, safe harbors, disproportionality

On September 8, 2008, the Department of Justice's Antitrust Division (DOJ) released a much-anticipated report outlining its views on enforcement policy under Section 2 of the Sherman Act—"Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act" (the "Report"). Although the DOJ has stated that the Report reflects the substance of hearings on Section 2 (which, among other things, prohibits a firm from illegally acquiring or maintaining monopoly ...

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