Reconciling the Conflicting Views of the DOJ Report on Single-Firm Conduct

The U.S. Department of Justice (“DOJâ€Â) report, Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act (“DOJ Reportâ€Â) is either (1) an extraordinarily useful and well written summary of the legal and economic analyses in the most difficult and contentious area of antitrust or (2) a set of standards that makes it nearly impossible to bring a monopolization case. In this essay, we attempt to reconcile these competing views of the report and determine what it means for policy.