Reconciling the Conflicting Views of the DOJ Report on Single-Firm Conduct

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Luke M. Froeb, Pingping Shan, Oct 01, 2008

The U.S. Department of Justice (“DOJ”) report, Competition and Monopoly: Single Firm Conduct Under Section 2 of the Sherman Act (“DOJ Report”) is either (1) an extraordinarily useful and well written summary of the legal and economic analyses in the most difficult and contentious area of antitrust or (2) a set of standards that makes it nearly impossible to bring a monopolization case. In this essay, we attempt to reconcile these competing views of the report and determine what it means for policy.