Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4

Anticompetitive Acts

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  Was monopoly willfully acquired or maintained through anticompetitive acts?
  

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  Purpose/Intent – d/n need specific intent to monopolize, just general intent to monopolize
   can infer intent and purpose from the anticompetitive act
  
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  Effect – acquisition or maintenance of a monopoly
  

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  Modern cases – Δ must act anticompetitively; Δ’s activity usually has no consumer value
  

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  Ask the following questions:
  

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  Is Δ using power rather than merit to block the path of less well-situated competitors?
  
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  Is Δ using power to exploit a buyer or seller?
  
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  Does Δ have such control over access to the process of competition itself that it can and does set arbitrary rules about who can participate and who is excluded?
  

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  Anticompetitive activities include: raising rivals cost, acts that clearly do not benefit consumers, and those that only put roadblocks on competitors
  

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