Skip to main content

Section 2

The continuum of political theories about Section 2:

Libertarian: monopoly is legal as long as the monopolist doesn't do something that is otherwise illegal (punish with criminal/tort law, no need for the Sherman Act)

Populist right: unclear what they believe, writings of Josh Hawley are the best source

Center right: exclusion should be limited to conduct actuated solely by a desire to prevent competition (Judge Bork)

Center left: exclusion should be broader than conduct actuated solely by a desire to prevent competition (Judge Learned Hand)

  • Conduct can be exclusionary even if it is motivated by a valid business justification

No-fault monopolization: the existence of monopoly power should be unlawful

  • Broadest statement in U.S. discourse, even Khan didn't go that far

Marxian left: permit monopoly to facilitate proletarian organization and consolidation in opposition