Exclusive dealing in the context of "Law and economics"

The direct market is the dominant distribution and retail network for American comic books. The concept of the direct market was created in the 1970s by Phil Seuling. The network currently consists of:

• three major comic distributors:
  • Diamond Comic Distributors, which distributes most, if not all, non-DC/Marvel/Image/IDW/Dark Horse comics (having exclusive deals with those publishers) and wholesales Marvel Comics, Image Comics, IDW Publishing, and Dark Horse Comics.
  • Lunar Distribution (which distributes DC Comics since 2020 and Image Comics since 2023);
  • Penguin Random House Publisher Services (the distribution arm of the publishing company), which since 1 October 2021 distributes Marvel Comics, since 1 June 2022 distributes IDW Publishing, and since 1 June 2023 distributes Dark Horse Comics; and
• the majority of comics specialty stores, and
• other retailers of comic books and related merchandise.

The name is no longer a fully accurate description of the model by which it operates, but derives from its original implementation: retailers bypassing existing distributors to make "direct" purchases from publishers. The defining characteristic of the direct market however is non-returnability: unlike book store and news stand distribution, which operate on a sale-or-return model, direct market distribution prohibits distributors and retailers from returning their unsold merchandise for refunds. In exchange for more favorable ordering terms, retailers and distributors must gamble that they can accurately predict their customers' demand for products. Each month's surplus inventory, meanwhile, could be archived and sold later, driving the development of an organized market for "back issues."

In United States antitrust law, monopolization is illegal monopoly behavior. The main categories of prohibited behavior include exclusive dealing, price discrimination, refusing to supply an essential facility, product tying and predatory pricing. Monopolization is a federal crime under Section 2 of the Sherman Antitrust Act of 1890. It has a specific legal meaning, which is parallel to the "abuse" of a dominant position in EU competition law, under TFEU article 102. It is also illegal in Australia under the Competition and Consumer Act 2010 (CCA). Section 2 of the Sherman Act states that any person "who shall monopolize . . . any part of the trade or commerce among the several states, or with foreign nations shall be deemed guilty of a felony." Section 2 also forbids "attempts to monopolize" and "conspiracies to monopolize". Generally this means that corporations may not act in ways that have been identified as contrary to precedent cases.