Monopoly vs Antitrust Abuse

Comments debate the legal distinction between simply having monopoly or market power, which is not illegal, and abusing it through anticompetitive practices, referencing antitrust laws, FTC guidelines, and cases like Microsoft.

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Keywords

www.ftc e.g US OK i.e AT DOJ justice.gov EU wikipedia.org monopoly market antitrust illegal abusing market share monopolies share law competition

Sample Comments

kergonath Apr 25, 2023 View on HN

You don’t recall correctly. There is no such a thing as “monopoly power”. A monopoly is a situation in which a market is controlled by a single company. It is a purely descriptive term, unrelated to whether that companies abuses that situation or not.What you are saying seems closer to “abuse of dominant position”, which is the cornerstone in EU antitrust law, but not so clear in US law where the bar to prove abuse is higher. This does not require a monopoly, just a market share large enough

dblohm7 Aug 13, 2019 View on HN

Having a monopoly is not illegal. Abusing that monopoly power to take over other markets is.

cdchn Feb 1, 2024 View on HN

This is it. Having a monopoly is OK. Being anticompetitive is when you run into trouble, even potentially without a monopoly.

amelius Jun 27, 2017 View on HN

It's explained here, [1]. Monopoly is not the right term. See market dominance instead.[1] https://en.wikipedia.org/wiki/European_Union_competition_law

AlisdairO Jul 16, 2010 View on HN

A monopoly is merely having sufficient market share. Which isn't necessarily bad, although it usually is. What you're talking about is abusing a monopoly.

orev Mar 22, 2024 View on HN

Having a monopoly is not illegal, only abusing it to prevent competition is.

kuratkull Jul 5, 2022 View on HN

Being a monopoly is not against the law. Abusing your monopoly is.

pokerhobo Oct 3, 2023 View on HN

Seems like the responses ignore that fact that it’s not illegal to have a monopoly. It’s illegal to unfairly use your monopoly to prevent competition. That’s what this is about.

gowld May 18, 2020 View on HN

You are one of those confused HNers.Monopoly power is different from abuse of monopoly power.https://en.wikipedia.org/wiki/Monopoly#Establishing_dominanc...

jonhohle Apr 23, 2015 View on HN

may result in antitrust action against a monopoly. You need to have a monopoly first.