What is a monopoly?
A monopoly is when a company has exclusive control over a good or service in a particular market. Not all monopolies are illegal; for example, businesses that produce a superior product or are well managed may disadvantage their competitors while not violating antitrust law.
Monopolies are illegal if they are established or maintained through improper conduct, such as exclusionary or predatory acts. This is known as anticompetitive monopolization.
How Illegal Monopolies Are Formed
Here are some examples of how illegal monopolies are formed:
Price Fixing: competitors agree to buy or sell products or services at a fixed price or rate
Price Discrimination: selling similar goods to buyers at different prices
Exclusive Dealings: requiring a buyer or seller to do buy or sell all or most of a certain product from a single supplier
Group Boycotts: competitors agree to boycott a certain entity
Tying Contract: selling a product or service on the condition that the buyer agrees to also buy a different product or service
Law Prohibiting Illegal Monopolies
Anticompetitive monopolization violates federal antitrust law, notably the Sherman Antitrust Act, and are prohibited by state antitrust law, including the Cartwright Act in California.
Under federal and some state laws, private parties (businesses or consumers) who were harmed by anticompetitive conduct can bring antitrust lawsuits seeking damages (in some instance treble damages) and injunctive relief.
Questions about Antitrust Monopoly Law?
Are you a victim of an illegal monopoly? Fill out the form to the right or call toll free 866-981-4800 to speak with an antitrust attorney.
Why Girard Gibbs?
Girard Gibbs represents consumers, investors, whistleblowers, employees, and businesses in cases involving consumer protection, personal injury, securities, antitrust, employment litigation and arbitration. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.