B. [§ 11.3] Monopoly

JurisdictionMaryland

B. [§ 11.3] Monopoly

Section 11-204(a)(2) of the Maryland Antitrust Act and Section 2 of the Sherman Antitrust Act are similar. Consequently, when interpreting § 11-204(a)(2), Maryland courts are guided by decisions of the federal courts interpreting § 2 of the Sherman Antitrust Act. See Natural Design, Inc. v. Rouse Co., 302 Md. 47, 485 A.2d 663 (1984). In United States v. Grinnell Corp., 384 U.S. 563 (1966), the Supreme Court established a two-element test that the plaintiff must meet to successfully plead a § 2 offense under the Sherman Antitrust Act: "(1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as...

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