Sherman Act 2

About Section 2 of Sherman Act, i.e. the regulation concerning monopolization, scholars in China have different opinions, which are often conflicting. This seriously deters our further study on antitrust law. Therefore, the explicit illustration of the basic problems has important theoretical value and practical meaning.On the basis of such methods as semantic analysis, historic investigation and comparison, through 4 part researches, Section 2 of Sherman Act has been fully interpreted: (1)clarification of some confusing basic concepts in Section 2, such as "monopoly", "monopolize", "attempt to monopolize", "combine or conspire to monopolize"; (2)introduction of the way to determine whether the company has monopoly power; (3)emphatic probe into the different ways for the courts to decide "monopolize" at different stages in the judicial practice to which "monopolize" of Section 2 is applied: the 1st stage emphasizes 3 elements: monopoly power, the conducts to obtain or maintain the monopoly power, the specific intent; the 2nd stage advances a new theory, i.e. "No monopolist monopolizes unconscious of what he is doing", instead of emphasizing "the specific intent"; at the 3rd stage, called the Knowledge Economy Times, due to the complexity of high technology products and the quicken speed of product transition, the economic analysis becomes more important, while that of legal elements is no longer crucial; (4) exploration of the elements to constitute "attempt to monopolize", i.e. "the anti-competitive conduct", "the specific intent", and "dangerous possibility of success", pointing out the contradictions in the relevant judicial practice.Based on the analyses above, combining China's present situations, 4 suggestions concerning our country's antitrust legislation are put forward.