News & Analysis as of

Monopolization Section 2

Skadden, Arps, Slate, Meagher & Flom LLP

Is the DOJ’s First Criminal Monopolization Case in Decades More Bark Than Bite?

In October, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving...more

Cooley LLP

Business Owner Pleads Guilty to Attempted Monopolization in Violation of Section 2 of Sherman Act

Cooley LLP on

On October 31, the Antitrust Division of the US Department of Justice (DOJ) delivered on its promise to pursue criminal enforcement of Section 2 of the Sherman Act when it secured a guilty plea from a highway paving...more

Polsinelli

No Agreement? No Worries: Justice Department Secures Historic Criminal Attempted Monopolization Conviction

Polsinelli on

In yet another signal in support of the notion that “the era of lax enforcement is over, and the new era of vigorous and effective antitrust law enforcement has begun,” on October 31 the Antitrust Division of the Department...more

The Volkov Law Group

Analysis of DOJ’s Antitrust Case Against Google (Part III of III)

The Volkov Law Group on

DOJ’s antitrust case against Google presents several interesting and difficult issues.  Google dominates the search engine market.  No one can question that.  But the question will eventually boil down to whether Google’s...more

The Volkov Law Group

Justice Department Files Antitrust Case Against Google Claiming Monopolization of the Search and Search Advertising Markets (Part...

The Volkov Law Group on

The Department of Justice and eleven state Attorneys General filed an antitrust case against Google in the United States Court for the District of Columbia.  DOJ’s filing was hurried at the behest of the Attorney General Bill...more

Kramer Levin Naftalis & Frankel LLP

United States v. Google: Market Impact and Private Antitrust Liability

The Government’s Antitrust Action Against Google - On Oct. 20, 2020, the Department of Justice (DOJ) and 11 state attorneys general filed a significant civil antitrust lawsuit against Google LLC in the District of Columbia...more

Perkins Coie

Ninth Circuit Refines Antitrust Standing Doctrine Under Illinois Brick

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit recently addressed again when plaintiffs have standing to pursue federal antitrust claims under the U.S. Supreme Court’s landmark decision in Illinois Brick Co. v. Illinois, 431...more

Epstein Becker & Green

Federal Trade Commission Obtains a Near Record-Breaking Disgorgement in a Monopolization Case

Epstein Becker & Green on

On April 20, 2015, the Federal Trade Commission (“FTC”) announced that Cardinal Health, Inc. (“Cardinal”), agreed to pay $26.8 million to resolve allegations that it violated Section 2 of the Sherman Act by monopolizing the...more

Parker Poe Adams & Bernstein LLP

Antitrust Violation Found "Fitting": Use of Exclusivity Program with Distributors in Pipe Fitting Market Found to Violate...

Government competition authorities in the United States are sometimes challenged, if not criticized, for not pursuing claims based on single firm conduct in maintaining a monopoly. The recent opinion of the United States...more

Patterson Belknap Webb & Tyler LLP

District Court Allows Monopolization Claims to Move Forward on Allegations of Direct Evidence of Monopoly Power

Traditionally, plaintiffs asserting claims under Sections 1 and 2 of the Sherman Act allege the existence of one or more product markets relevant to the defendants’ anticompetitive conduct and the defendants’ shares of those...more

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