> Antitrust law governs anti-competitive conduct, not the formation of monopolies (cf. "trusts", as they were known at the time the Sherman Act was passed). The

> Antitrust law governs anti-competitive conduct, not the formation of monopolies (cf. "trusts", as they were known at the time the Sherman Act was passed). There is is nothing illegal about forming a monopoly. The question is whether the defendant used their monopoly position to engage in anti-competitive practices. It's more complicated than that; "Innocent monopolies" (i.e. those that occur and are maintained without any anticompetitive practices) are allowed, but the list of things you can't do to form or maintain them (particularly after the Clayton act) makes it rather hard. For example, Mergers and Acquisitions that are likely to "substantially reduce market competition" are not allowed, so forming a monopoly by buying out your competitors would seem to violate the intent of the law.