Evaluation of alleged or attempted monopolization or a conspiracy to monopolize investigates whether (1) a leading firm may have achieved its position by competing on the merits or by anticompetitive conduct, including exclusive contracts, patent misuse, predation, tying/bundling, or other arrangements; and (2) the accused conduct resulted in led to a dangerous probability of, or actual, monopoly power.
Prevailing plaintiffs can recover damages equal to the three times their actual loss, such as lost profits. In addition, regulators may assess civil fines.
Substantial case experience providing testimony and consulting evaluating conduct and damages cases alleging monopolization on behalf of plaintiffs, defendants, and regulators in many industries, including the following.