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The Necessary Revival of Sherman Act Section 2

BY | February 8, 2021

The application of the antitrust laws to single-firm behavior is challenging. On the one hand, neither courts nor government enforcers are well equipped, or even inclined, to micro-manage a single…

The application of the antitrust laws to single-firm behavior is challenging. On the one hand, neither courts nor government enforcers are well equipped, or even inclined, to micro-manage a single firm’s choice of suppliers, customers, distribution strategies, or product bundling, even if that firm is a monopolist or otherwise dominant. On the other hand, firms with substantial market power can inflict serious economic harm. For many years, the difficulty of controlling exclusionary practices

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