ABSTRACT

In this chapter, the authors explore the law and economics of monopolization in Canada, the United States, and the European Union. They focus on the area of monopolization because convergence and enforcement cooperation issues in monopolization cases are less settled and have received less attention than cartel and merger cases. Moreover, the discipline of economics has played a major role in the development of the competition laws of the United States, Canada, and—albeit to a lesser extent—the European Union. From an economic welfare perspective, competition is generally desirable because it can lead to at least several economic effects: it can facilitate the allocation of resources to their most valued use. Economics also helps to explain the incentives of a dominant firm to engage in anticompetitive exclusionary conduct. The abuse of dominance provisions in Canada has received only a small amount of judicial consideration with respect to joint abuse cases.