Define: Attempted Monopolization

Attempted Monopolization
Attempted Monopolization
Quick Summary of Attempted Monopolization

Attempted monopolization refers to the deliberate efforts made by a company to become the sole provider of a specific product or service. Such actions are deemed illegal as they can harm other businesses and result in price increases. In order to be found guilty of attempted monopolization, a company must have a strategy in place to manipulate prices or eliminate competition, and there must be a reasonable likelihood of them actually achieving a monopoly status.

Full Definition Of Attempted Monopolization

Attempted monopolization refers to the act of attempting to gain control over a specific market or industry in order to manipulate prices and eliminate competition. This involves engaging in predatory or anticompetitive actions that have a high likelihood of achieving a monopoly in the relevant market. According to federal antitrust law, monopolization is considered an offence that requires two elements: possessing monopoly power within the relevant market, which means having the ability to control prices and exclude competitors, and willfully acquiring or maintaining that power rather than growing organically through superior products, business expertise, or historical circumstances. For instance, if a company tries to acquire all of its competitors in a particular industry with the aim of controlling the market and increasing prices, it may be accused of attempted monopolization. Similarly, engaging in predatory pricing or other anticompetitive practices to force competitors out of business can also lead to accusations of attempted monopolization. Overall, attempted monopolization is a grave offence that can harm consumers by limiting their choices and driving up prices. It is crucial for regulators to monitor markets and take action against companies involved in anticompetitive behaviour.

Attempted Monopolization FAQ'S

Attempted monopolization refers to the illegal practice of a company or individual engaging in actions with the intent to monopolize or gain a dominant position in a particular market, even if they are unsuccessful in achieving that goal.

Actions that can be considered attempted monopolization include predatory pricing, exclusive dealing agreements, tying arrangements, and other anti-competitive practices aimed at eliminating or significantly reducing competition in a market.

Yes, attempted monopolization is illegal under the Sherman Antitrust Act in the United States and similar laws in other jurisdictions. It is considered a violation of antitrust laws that aim to promote fair competition and protect consumers.

The consequences of attempted monopolization can include civil lawsuits, criminal charges, fines, and other penalties. Additionally, the company or individual engaging in such practices may be required to cease their anti-competitive behavior and take corrective actions.

Proving attempted monopolization typically requires demonstrating the intent to monopolize, substantial market power, anti-competitive conduct, and a likelihood of success in achieving a monopoly. This often involves analyzing market dynamics, pricing strategies, and the impact on competition.

Yes, a company can be held liable for attempted monopolization even if it did not succeed in monopolizing the market. The focus is on the intent and actions taken to eliminate or substantially reduce competition, rather than the actual outcome.

Possible defences against allegations of attempted monopolization may include demonstrating pro-competitive justifications for the conduct, lack of intent to monopolize, or showing that the conduct did not harm competition in the market.

Yes, individuals involved in attempted monopolization can be held personally liable for their actions. This includes executives, managers, and other individuals who knowingly participate in or direct anti-competitive conduct.

Yes, competitors or consumers who have been harmed by attempted monopolization can challenge such conduct in court. They can file civil lawsuits seeking damages, injunctive relief, or other remedies available under antitrust laws.

Government agencies, such as the Federal Trade Commission (FTC) and the Department of Justice (DOJ) in the United States, play a crucial role in investigating and prosecuting cases of attempted monopolization. They have the authority to enforce antitrust laws and take legal action against companies or individuals engaged in anti-competitive practices.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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