Preface

• Pages: xi-xii

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PREFACE

The Unilateral Conduct Committee of theSection of Antitrust Law is

pleased to present the Monopolization and Dominance Handbook.The

proper antitrust treatment of monopolizing conduct is an area of

perennial uncertainty and debate. The Handbook aims to give the reader

an overview of the treatment of such conduct in the United States, with

particular attention to areas of ambiguity and uncertainty, together with

comparative discussion of approaches to such issues in jurisdictions

outside the United States.

The Handbook begins with a discussion of the economic principles

that form the basis for the law of monopolization. It goes on to address

monopoly power, the first element in the offense of monopolization,

followed by an extensive discussion of the second, and perhaps most

controversial element, illegal monopolizing conduct. The offenses of

attempt to monopolize and conspiracy to monopolize are next

considered. The Handbook goes on to address how the law of

monopolization is enforced and the challenges of crafting appropriate

remedies for monopolization, another area that is subject to much debate.

It closes with a chapter on issues and developments in other jurisdictions,

as well as attempts at international convergence.

This book is the product of the hard work of numerous individuals.

We owe special thanks to lead editors Ronald Davis and Robert Milne,

who coordinated the drafting and editing of the Handbook from the

earliest drafts to publication. We also want to thank Kristen

O’Shaughnessy, Alexandra Vernoia and Colin West for their tireless

commitment to shaping the manuscript. Sean Gates, Kimberly Kefalas

and Jeffrey Korn of the Books and Treatises Committee also provided

valuable editorial guidance, as did William Blumenthal, Joseph Angland,

Tad Lipsky and Jack Pace. In addition, we wish to thank the principal

chapter authors: John Chung, Ronald Davis, Jennifer Driscoll, Philip

Nelson, Robert Stoner, Scott Westrich and Christine Wilson. Finally, in

addition to those already mentioned, the book could not have been

completed without the hard work of the following individuals, who

contributed their time and expertise to the drafting and editing of the

Handbook: