Skip to main content

Power + Conduct Framework

Contents

Place in the Framework

The power-plus-conduct framework separates lawful monopoly power from unlawful monopolization by requiring both monopoly power and exclusionary conduct.

Core Questions

  • Does the defendant possess monopoly power in a relevant market?
  • Was the challenged conduct exclusionary rather than competition on the merits?
  • Is there a causal connection between the conduct and acquisition or maintenance of monopoly power?

Working Notes

Add rule statements, burden structure, and case synthesis here for the basic monopolization framework.