For the courts, being too big a firm in an industry can be sufficient grounds, using the per se criterion, to charge the firm with violating antitrust laws.

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The per se criterion is a legal doctrine that holds that certain conduct is illegal without regard to its actual effects. In antitrust law, the per se criterion is applied to certain types of conduct that are considered to be inherently anticompetitive, such as price fixing and market allocation. Being too big a firm in an industry can be sufficient grounds to charge the firm with violating antitrust laws under the per se criterion because it can create a presumption of market power and the ability to engage in anticompetitive conduct.

For the Courts, Being Too Big a Firm in an Industry