Then courts ask if that leading position was gained or maintained through improper conduct-that is, something other than merely having a better product, superior management or historic accident. This requires in-depth study of the products sold by the leading firm, and any alternative products consumers may turn to if the firm attempted to raise prices. As a first step, courts ask if the firm has 'monopoly power' in any market. Most Section 2 claims involve the conduct of a firm with a leading market position, although Section 2 of the Sherman Act also bans attempts to monopolize and conspiracies to monopolize. The antitrust laws prohibit conduct by a single firm that unreasonably restrains competition by creating or maintaining monopoly power. About the FTC Show/hide About the FTC menu items.News and Events Show/hide News and Events menu items.Advice and Guidance Show/hide Advice and Guidance menu items.Competition and Consumer Protection Guidance Documents.Enforcement Show/hide Enforcement menu items.
