Public Hearings: Single-Firm Conduct and Antitrust Law

Hearings Information

In 2006 and 2007, the Antitrust Division and the Federal Trade Commission (FTC) cohosted hearings on single-firm conduct and antitrust.

Report: Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act (September 2008)

Press Release: Justice Department Withdraws Report on Antitrust Monopoly Law (May 11, 2009)

For more information, contact the Legal Policy Section at singlefirmconduct@usdoj.gov.

Overview of the Hearings

These hearings encompassed a thorough examination of single-firm conduct under the antitrust laws. The goal of the hearings was to promote dialogue, learning, and consensus building among interested parties. The hearings reflect the Division痴 continued efforts to inform policy- and decision-makers on vital issues affecting consumers and the economy.

The proper treatment of single-firm conduct under the antitrust laws presents some of the most complex issues facing the Division, the courts, the antitrust bar, and the business community. These hearings explored how best to identify anticompetitive exclusionary conduct, examining whether and when specific types of single-firm conduct are procompetitive or benign, and when they may harm competition and consumer welfare.

The Division and the FTC held two to four days of hearings per month starting in June 2006 and ending in May 2007; no hearings were held in August 2006 and April 2007.

Issues for Consideration

Specific topics included the following:

• Bundled loyalty discounts and market share discounts
• Product tying and bundling
• Exclusive dealing
• Predatory pricing
• Refusals to deal
• Product design
• Misleading or deceptive statements or conduct

Agendas for 2006

With links to presentations and transcripts.

Agendas for 2007

With links to presentations and transcripts.

Hearings Transcripts

Speeches

Press Releases

Federal Register Notice

Public Comments