Monopolization is the offense, under Section 2 of the United States Sherman Antitrust Act of 1890, of unlawfully acquiring or maintaining monopoly power in a market. Courts require two elements: that a firm holds monopoly power in a properly defined market, and that it obtained or kept that power through conduct that excludes rivals rather than through legitimate competition such as innovation or efficiency. The statute also criminalizes attempts and conspiracies to monopolize. Exclusionary tactics associated with the offense include exclusive dealing, refusal to deal with essential facilities, and predatory pricing.
Facts
Classification Code15 U.S.C. section 2 (Section 2 of the Sherman Act), a felony 1 Typical PenaltyFelony: imprisonment not exceeding 10 years, with fines up to 100,000,000 dollars for a corporation and 1,000,000 dollars for any other person 1 Elements of OffenseThe defendant possesses monopoly power in a properly defined market, and obtained or maintained that power through conduct deemed unlawfully exclusionary 2 Notable ExampleUnited States v. Microsoft Corp., filed 1998: the district court ruled Microsoft's actions were unlawful monopolization under Section 2 of the Sherman Antitrust Act; the Circuit Court overturned Judge Jackson's rulings on June 28, 2001 3 Jurisdiction VariationIn EU competition law the parallel concept is abuse of a dominant position, under TFEU article 102 2 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
Sources
1. 15 U.S. Code section 2, Monopolizing trade a felony, Cornell Legal Information Institute
15 U.S.C. 2, felony clause
shall be deemed guilty of a felony
15 U.S.C. 2, penalty clause
not exceeding 10 years
View the Source2. Monopolization, Wikipedia
Elements of the offense
the defendant possesses monopoly power in a properly defined market
Passage on legal meaning and EU comparison
of a dominant position in EU competition law, under TFEU article 102
View the Source3. United States v. Microsoft Corp., Wikipedia
Lead section, district court rulingQuote, Lead section, district court ruling
Microsoft's actions constituted unlawful monopolization under Section 2 of the Sherman Antitrust Act of 1890
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