Boston University School of Law

American and European Monopolization Law:
A Doctrinal and Empirical Comparison

Keith N. Hylton and Haizhin Lin
Boston University School of Law Working Paper 10-18


This paper focuses on the differences between Article 82 and Section 2, reflecting largely on the American experience. We start with a discussion of the American experience and use that as a background from which to examine the European law on monopolies.  American law is more conservative (less interventionist), reflecting the error cost analysis that is increasingly common in American courts.  The second half of this paper provides an empirical comparison of the American and European regimes.  Although a preliminary empirical examination suggests that the scope of a country’s monopolization law is inversely related to its degree of trade dependence, the actual relationship between trade dependence and the scope of monopolization law appears to be an inverted U.

Keywords: monopolization, Section 2, Article 82, empirical antitrust, international antitrust

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Suggested Citation:

Hylton, Keith N. and Lin, Haizhen, "American and European Monopolization Law: A Doctrinal and Empirical Comparison," forthcoming in REGULATING INNNOVATION: COMPETITION POLICY AND PATENT LAW UNDER UNCERTAINTY, Cambridge University Press, 2010.

Contact Information

Keith N. Hylton

Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215


Haizhen Lin
Assistant Professor of Business Economics
Indiana University, Bloomington
Kelley School of Business