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 Antitrust Basics |
For
a mononpoly to exist under the laws, it can, but need not possess 100% of the goods or
services for sale. Rather the monopolist must have monopoly power which has been defined
as the power to control prices or exclude competition. U.S. v. E.I. duPont de Nemours
& Co., 351 U.S. 377, 391 (1956).
It is also unlawful to use a monopoly to exclude competition or to control, fix or
maintain prices. W.Va. Code § 47-18-4. See Berkey Photo, Inc. v.
Eastman Kodak Co., 603 F.2d 263 (2d Cir. 1979), cert.denied, 444 U.S.
1093 (1980); M&M Medical Supplies and
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Service,
Inc. v. Pleasant Valley Hospital, Inc, 946 F.2d 886 (7th Cir.1991)(table),
1991-2 T.C. ¶ 69,618; later decision, 981 F.2d 160 (4th Cir. 1993)(as
amended), 1992-2 T.C. ¶ 70,059. Unreasonable conduct undertaken by a firm that is
already a monopolist (has large a market share), designed to enable it to preserve its
monopoly position, is maintaining its monopoly. The conduct has been defined as the
"willful acquisition or maintainence of that [monopoly] power as distinguished from
growth or development as a consequence of a superior product, business acumen, or historic
accident." California Computer Products v. IBM Corp., 613 F2d 727,735 (9th
Cir., 1979), United States v. Grinnell Corp. 384 U.S. 563, 571 (1966). |
| An agreement
among competitors not to do business with certain competitors, customers or suppliers is
an unlawful group boycott. Silver v. New York Stock Exchange, 373 U.S. 341 (1963);
Fashion Originators' Guild of America, Inc. v. F.T.C., 32 U.S. 457, 467-68 (1941);
Northwest Wholesale Stationers, Inc. v. Pacific Stationary & Pinting Co., 472 U.S. 284
(1985). |
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