Department of Justice withdraws monopolization report

On 11 May 2009 the Department of Justice issued it is withdrawing a report on monopolization standards published during the previous administration in 2008. The report, which the Federal Trade Commission refused to endorse even initially, should not anymore be relied on as the Department’s antitrust enforcement policy.

The Department considered the withdrawal as the clearest way to signal its policy of aggressively pursuing cases of monopolists stifling competition in prejudice of consumers and its shift in philosophy from that implied by the report. The report was considered to raise too many hurdles to government enforcement and to favor extreme caution and development of safe-harbors with respect to certain forms of conduct that are within the reach of Section 2 of the Sherman Act. [Juha Vesala]

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