Monopoly power is the ability to eliminate competition completely or substantially within a market.
Some monopolies arise naturally, without deliberate intent on the part of the monopolists. This can occur, for example, when consumers prefer a particular company’s product or service over those offered by other companies. This type of monopoly power is legal. Illegal monopolization only occurs when a monopolist intends to create or maintain monopoly power using anti-competitive means.
Kohn Swift’s antitrust lawyers represent individuals and businesses harmed by illegal monopolies / monopolization.
MONOPOLY / MONOPOLIZATION LAWSUITS
Monopolization achieved through intentional anti-competitive activity violates federal and state antitrust laws. Antitrust laws also prohibit attempts to monopolize through anti-competitive behavior (attempted monopolization). Monopolization activities prohibited by the Sherman Act include:
- the deliberate creation of, or attempt to create, a monopoly, and
- the deliberate maintenance of, or attempt to maintain, an already existing monopoly.
Thus, even when a monopoly naturally or accidentally arises, the monopolist’s intentional preservation of (or attempt to preserve) that monopoly power can still constitute an antitrust violation.
CONSPIRACIES TO MONOPOLIZE
Illegal monopolies can be formed by a single person or entity, or by two or more persons or entities, that conspire to monopolize. Conspiracies to monopolize can be effected through one or more anti-competitive activities. These include:
- price fixing and bid rigging
- customer and market allocation
- group boycotts and refusal to deal
- pay for delay
- tying / bundling
Monopolies attempted or created by single businesses or by conspirators do not need to reach full market control to be actionable antitrust violations. Courts often find significant and lasting market power of less than 100% sufficient to constitute a monopoly.
BEST LAWYERS HAS NAMED KOHN, SWIFT & GRAF AS A 2023 “BEST LAW FIRM”
Kohn, Swift & Graf, P.C. has achieved a Tier 1 ranking in Philadelphia in the area of antitrust law.
“The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process. Firms who have at least one lawyer who has been recognized in the previous edition of Best Lawyers in a practice area and metro area currently ranked by “Best Law Firms” are eligible to receive a ranking.”
Joseph C. Kohn, William E. Hoese, Robert J. LaRocca, and Douglas A. Abrahams were selected for inclusion in Best Lawyers© in the area of antitrust litigation in 2021.
Zahra R. Dean was selected for inclusion in Best Lawyers© “Ones to Watch” in the area of mass torts litigation/class actions in 2021.