Illegal Monopolies | Antitrust Law: What is a Legal vs. Illegal Monopoly (2024)

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 might legally corner their market if they produce a superior product or are well managed. Antitrust law doesn’t penalize successful companies just for being successful. Competitors may be at a legitimate disadvantage if their product or service is inferior to the monopolist’s.

But 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 Exploit the Market

Here are some examples of how illegal monopolies unfairly exploit their market power:

  • 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
  • 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.

About Us

Gibbs Law Group is a California-based law firm committed to protecting the rights of clients nationwide who have been harmed by corporate misconduct. We represent individuals, whistleblowers, employees, and small businesses across the U.S. against the world’s largest corporations. Our award-winning lawyers have achieved landmark recoveries and over a billion dollars for our clients in high-stakes class action and individual cases involving consumer protection, data breach, digital privacy, and federal and California employment lawsuits. Our attorneys have received numerous honors for their work, including “Top Plaintiff Lawyers in California,”“Top Class Action Attorneys Under 40,” “Consumer Protection MVP,” “Best Lawyers in America,” and “Top Cybersecurity/ Privacy Attorneys Under 40.”

Illegal Monopolies | Antitrust Law: What is a Legal vs. Illegal Monopoly (1)
See Also
NASDAQ

Illegal Monopolies | Antitrust Law: What is a Legal vs. Illegal Monopoly (2)

Illegal Monopolies | Antitrust Law: What is a Legal vs. Illegal Monopoly (3)

Illegal Monopolies | Antitrust Law: What is a Legal vs. Illegal Monopoly (4)

Illegal Monopolies | Antitrust Law: What is a Legal vs. Illegal Monopoly (5)

Report an Illegal Monopoly:

loading...
Illegal Monopolies | Antitrust Law: What is a Legal vs. Illegal Monopoly (2024)

FAQs

Illegal Monopolies | Antitrust Law: What is a Legal vs. Illegal Monopoly? ›

Antitrust law doesn't penalize successful companies just for being successful. Competitors may be at a legitimate disadvantage if their product or service is inferior to the monopolist's. But monopolies are illegal if they are established or maintained through improper conduct, such as exclusionary or predatory acts.

What is the illegal monopoly law? ›

§ 1). Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony .... — Sherman Act, Section 2 (15 U.S.C. § 2).

What makes a monopoly legal? ›

A legal monopoly refers to a company that is operating as a monopoly under a government mandate. A legal monopoly offers a specific product or service at a regulated price. It can either be independently run and government regulated, or both government-run and government regulated.

What qualifies as a monopoly? ›

What is Monopoly. Definition: A market structure characterized by a single seller, selling a unique product in the market. In a monopoly market, the seller faces no competition, as he is the sole seller of goods with no close substitute.

Why were monopolies made illegal? ›

Key Takeaways. The Sherman Antitrust Act is a law the U.S. Congress passed to prohibit trusts, monopolies, and cartels. Its purpose was to promote economic fairness and competitiveness and to regulate interstate commerce.

What is the difference between illegal and legal monopoly? ›

Antitrust law doesn't penalize successful companies just for being successful. Competitors may be at a legitimate disadvantage if their product or service is inferior to the monopolist's. But monopolies are illegal if they are established or maintained through improper conduct, such as exclusionary or predatory acts.

What constitutes an illegal monopoly? ›

In United States antitrust law, monopolization is illegal monopoly behavior. The main categories of prohibited behavior include exclusive dealing, price discrimination, refusing to supply an essential facility, product tying and predatory pricing.

What is an example of legal monopoly? ›

Some examples of legal monopolies in the U.S. are the USPS, which holds a legal monopoly on mail carrying, the National Football League, and Major League Baseball are legal monopolies.

What are the 4 types of monopolies? ›

Types Of Monopolies: A monopoly refers to a market structure where a single entity has complete control over a particular commodity or service. There are four main types of monopolies: natural monopolies, governmental monopolies, technological monopolies, and geographic monopolies.

How is a legal monopoly different from a natural monopoly? ›

The difference between natural and legal monopolies is that legal monopolies are sanctioned and regulated by the government, while natural monopolies result from differences in financial capability. A natural monopoly is neither sanctioned, regulated, nor run by any government.

Why is monopoly a crime? ›

Monopolies remove consumer choice, and often lead to higher prices for lower quality goods and services. It is for this reason that most monopolies are made illegal with antitrust laws.

Is price war illegal? ›

A naked agreement among competitors to fix prices is almost always illegal, whether prices are specified at a minimum, maximum, or within some range.

Why are monopolies evil? ›

Monopolies can hurt consumers because they lead to inefficiencies, a lack of innovation, and higher prices. Some monopolies, however, can be beneficial to consumers if prices are regulated, or if high entry costs prevent initial investment in a sector, thus reducing economic inefficiencies.

What is antitrust law in simple terms? ›

What Is Antitrust? Antitrust laws are regulations that encourage competition by limiting the market power of any particular firm. This often involves ensuring that mergers and acquisitions don't overly concentrate market power or form monopolies, as well as breaking up firms that have become monopolies.

What act banned monopoly? ›

The Sherman Antitrust Act of 1890 (26 Stat. 209, 15 U.S.C. §§ 1–7) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce and consequently prohibits unfair monopolies.

When did it become illegal to have a monopoly? ›

Approved July 2, 1890, The Sherman Anti-Trust Act was the first Federal act that outlawed monopolistic business practices. The Sherman Anti-trust Act of 1890 was the first measure passed by the U.S. Congress to prohibit trusts.

What counts as monopolizing? ›

Meaning of monopolizing in English

in business, to control something completely and to prevent other people having any effect on what happens: The company had monopolized the photography market for so many decades that they didn't worry about competition from other companies.

References

Top Articles
Latest Posts
Article information

Author: Moshe Kshlerin

Last Updated:

Views: 5979

Rating: 4.7 / 5 (57 voted)

Reviews: 88% of readers found this page helpful

Author information

Name: Moshe Kshlerin

Birthday: 1994-01-25

Address: Suite 609 315 Lupita Unions, Ronnieburgh, MI 62697

Phone: +2424755286529

Job: District Education Designer

Hobby: Yoga, Gunsmithing, Singing, 3D printing, Nordic skating, Soapmaking, Juggling

Introduction: My name is Moshe Kshlerin, I am a gleaming, attractive, outstanding, pleasant, delightful, outstanding, famous person who loves writing and wants to share my knowledge and understanding with you.