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NeCede's

Maxim 12.12.3

It is called a monopoly when one person alone buys up the whole of one kind of commodity, fixing a price at his own pleasure.

Monopolium dicitur, cum unus solus aliquod genus mercaturae universum emit, pretium ad suum libitum statuens.

Source: 11 Co. 86; Weisman, 35f Difficulty 1/5 — Foundational

Explanation

Monopoly is identified by its two marks: exclusive control and arbitrary pricing — wherever both are present, the law recognizes an injury to the public right of commerce.

Where this applies

  • One company has cornered the market and sets whatever price they want.
  • A monopoly exists when one entity controls all supply and fixes prices at will.
  • Exclusive control plus arbitrary pricing equals a monopoly.

Legal domains

See also

Cite this maxim

NeCede Max. 12.12.3 — It is called a monopoly when one person alone buys up the whole of one kind of commodity, fixing a price at his own pleasure. — 11 Co. 86; Weisman, 35f (Monopolium dicitur, cum unus solus aliquod genus mercaturae universum emit, pretium ad suum libitum statuens.)

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