Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law

This report illustrates the difference between the concepts of “monopoly” and “monopolization” by touching on the monopoly/monopolization thinking in the Antitrust Division of the Department of Justice (DoJ) and the Federal Trade Commission (FTC), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations