For most of its 136-year history, Section 2 of the Sherman Antitrust Act was more of a threat than a weapon.
‘Section 2 Revolution’ Is Weaponizing the Antitrust Act for Enforcers
For most of its 136-year history, Section 2 of the Sherman Antitrust Act was more of a threat than a weapon. The provision — which prohibits the willful acquisition or maintenance of monopoly power through anticompetitive conduct — carried demanding proof requirements, required expensive and expansive discovery, and produced so few trial victories that enforcers rarely tested it. When they did, they usually lost. That calculus may be shifting.

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