Section 2 of the Sherman Act (Section 2) | Practical Law

Section 2 of the Sherman Act (Section 2) | Practical Law

Section 2 of the Sherman Act (Section 2)

Section 2 of the Sherman Act (Section 2)

Practical Law Glossary Item 7-502-0834 (Approx. 3 pages)

Glossary

Section 2 of the Sherman Act (Section 2)

This section of the Sherman Act prohibits individuals and business entities from monopolization, attempts to monopolize and conspiracies to monopolize (15 U.S.C. § 2). A violation of Section 2 may result in civil penalties of up to $100 million for corporations or $1 million for individuals, and criminal penalties of up to ten years. The Department of Justice (DOJ) has the authority to enforce both civil and criminal violations, though the DOJ generally does not prosecute for criminal violations. Private individuals may also bring civil actions for damages.