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Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law , Record No.: RS20241, Date: August 20, 2001 1 (August 20, 2001)

handle is hein.tera/crser0058 and id is 1 raw text is: Order Code RS20241 Updated August 20, 2001 Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law Janice E. Rubin Legislative Attorney American Law Division Summary 1 Standard Oil Co. of New Jersey v. United States, 221 U.S. 1 (1911). Rule of Reason analysis balances (with the exception of the relatively few instances ofper se violations of the antitrust laws (e.g., price fixing, boycotts)) the anticompetitive results of a transaction against any procompetitive effects that might be produced. 2 Jointly issued Department of Justice and Federal Trade Commission Horizontal Merger Guidelines, published and released April 2, 1992 [Merger Guidelines or Guidelines], reprinted at 1559 ANTITRUST & TRADE REGULATION REPORT (ATRR) (Special Supplement) (April 2, 1992) and 1806 ATRR 359 (April 10, 1997). Congressional Research Service o0o The Library of Congress CRS Report for Congress Received through the CRS Web Antitrust doctrine holds that viable competition will best protect consumers; it is concerned with the viability of individual competitors only insofar as their fates affect marketplace competitiveness. Moreover, the Rule of Reason1 generally modified competition with reasonable. Viewed in the context of the Rule of Reason, the general prohibitions against monopolization and attempted monopolization (Sherman Act § 2, Clayton Act §7) and any assessment of unfair acts in commerce (Federal Trade Commission Act § 5) require two inquiries: whether an entity is in fact a monopolist; and whether that monopolist has unlawfully monopolized the market(s) within which it operates (the applicable, relevant market, which may be either product- or geographically based, or both). This report will attempt to illustrate the difference between the concepts of monopoly and monopolization by touching on the monopoly/monopolization thinking in the Antitrust Division of the Department of Justice (DoJ) and the Federal Trade Commission (FTC), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies' concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.

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