ANALYSIS: Felony Monopoly Charges Are New Points on a Long Line

On March 29, Nathan Zito, the former owner of a paving and asphalt company in Billings, Montana, stood before a federal judge to be sentenced for the crime of attempting to monopolize a market. It was the first sentencing carried out under 15 U.S.C. § 2 in almost 50 years and apparently one of only a dozen or so in history.

Since the Justice Department announced in Spring 2022 that it would be reviving criminal prosecution for monopolization offenses, practitioners have been watching for clues about what kind of cases the DOJ would bring and how they would fare in ...