| − | '''Sherman Act Section Two''' prohibits [[monopoly|monopolization]], attempts to monopolize and conspiracies to monopolize any aspect of interstate [[trade]] or [[commerce]]. | + | '''Sherman Act Section Two''' prohibits [[monopoly|monopolization]], attempts to monopolize and conspiracies to monopolize any aspect of interstate [[trade]] or [[commerce]]. Section Two is in reported court decisions only about 3/5ths as often as Section One cases are. |
| − | "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court." 15 U.S.C. § 2. | + | "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court." 15 U.S.C. § 2. |
| | As with [[Sherman Act Section One|Section One]] of the Sherman Act, Section Two is typically enforced by one firm suing another in a civil lawsuit. To prevail under one type of Section Two claim, a plaintiff must prove '''all''' of the following: | | As with [[Sherman Act Section One|Section One]] of the Sherman Act, Section Two is typically enforced by one firm suing another in a civil lawsuit. To prevail under one type of Section Two claim, a plaintiff must prove '''all''' of the following: |