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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