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Here is the definition that the government gives. https://www.ftc.gov/tips-advice/competition-guidance/guide-a... The cutoff is as follows "Courts do not require a literal monopoly before applying rules for single firm conduct; that term is used as shorthand for a firm with significant and durable market power — that is, the long term ability to raise price or exclude competitors" If you want statements from a judge, regarding the 50 percent specifically, you can look up the following court cases and read from the primary source. "See Hayden Publ'g Co., Inc. v. Cox Broad. Corp., 730 F.2d 64, 69 n.7 (2d Cir. 1984) ("[A] party may have monopoly power in a particular market, even though its market share is less than 50%."); Broadway Delivery Corp. v. UPS, 651 F.2d 122, 129 (2d Cir. 1981) ("[W]hen the evidence presents a fair jury issue of monopoly power, the jury should not be told that it must find monopoly power lacking below a specified share."); Yoder Bros., Inc. v. Cal.-Fla. Plant Corp., 537 F.2d, 1347, 1367 n.19 (5th Cir. 1976) (rejecting "a rigid rule requiring 50% of the market for a monopolization offense without regard to any other factors")." But yes, typically, if a company has less than 50% of a market, anti-trust law does not apply. But the word "typically" does not mean "always". (And Apple has 54% of the US market) And whether it applies, would defend on "other factors", as according to the quote I linked, and there is a good argument, IMO, that a duopoly would be a reasonable "other factor". |