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
May 11, 2009
Press Release: Justice Department Withdraws Report on Antitrust Monopoly Law
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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 Divisionç´ 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