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Whither “Neo-Brandeisian” Antitrust Enforcement: A Candid Conversation with Jonathan Kanter

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Is Section 2 a Felony?

"It is a significant statement that those theories of harm are actionable under the law," he said. "I think as I've told you, I get that Section 2 is a felony statute." But traditionally, within the antitrust division, there's always been a view that it's very problematic to try to prosecute something under Section 2 because of the elements of monopoly power".

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