June 01, 2009

Antitrust Enforcement Agencies Shine the Spotlight on Conduct by Dominant Firms

Section 2 of the Sherman Act, which governs monopolization and attempted monopolization claims, is back in the antitrust limelight. Bold statements by new top officials in the Antitrust Division of the Department of Justice signal a dramatic shift in the DOJ’s Section 2 enforcement policy. Meanwhile, the European Commission announced a $1.4 billion fine against chipmaker Intel. In the wake of these events, many antitrust practitioners anticipate that there will be a renewed focus on single-firm "exclusionary" conduct by dominant firms.
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