Department of Justice and Federal Trade Commission Clash Over Section 2 Enforcement Standards

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The Antitrust Division of the U.S. Department of Justice yesterday issued a report entitled ?Competition and Monopoly: Single-Firm Conduct under Section 2 of the Sherman Act? examining when certain types of conduct may constitute illegal monopolization under U.S. antitrust law.[1] The report follows a series of hearings held jointly by the Department and the Federal Trade Commission (?FTC?) between June 2006 and May 2007 to explore in depth the antitrust treatment of single-firm conduct.

The report describes how the Department would analyze various types of behavior under Section 2 of the Sherman Act............Importantly, the report does not reflect the position of the FTC, which shares Section 2 civil enforcement authority with the Department of Justice.

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