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.

📉 Falling 0.3x Legal
3,382
Comments
19
Years Active
5
Top Authors
#4544
Topic ID

Activity Over Time

2008
8
2009
39
2010
61
2011
68
2012
111
2013
73
2014
93
2015
103
2016
105
2017
179
2018
257
2019
344
2020
504
2021
322
2022
270
2023
340
2024
309
2025
191
2026
5

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.