The primary law that could affect Tesla in the USA is the Sherman Antitrust Act of 1890. It has a section specifying that “Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony”
Sounds bad for Tesla!
But not really, because, in Wikipedia’s words:
“Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade.
The law attempts to prevent the artificial raising of prices by restriction of trade or supply. "Innocent monopoly", or monopoly achieved solely by merit, is legal, but acts by a monopolist to artificially preserve that status, or nefarious dealings to create a monopoly, are not. The purpose of the Sherman Act is not to protect competitors from harm from legitimately successful businesses, nor to prevent businesses from gaining honest profits from consumers, but rather to preserve a competitive marketplace to protect consumers from abuses.”
Courts would consider factors such as:
1) Tesla open-sourced all their patents for anyone who would use them in good faith.
2) Tesla has always actively encouraged other companies to make more EVs and batteries and solar and has historically helped companies like Toyota with making EVs and still has an open invitation to help anyone.
3) Tesla has made no attempt to collude with other companies for forming a price-fixing cartel.
4) Tesla is opening up the Supercharger network for non-Tesla EV drivers.
5) Tesla is working as hard as possible to increase quantity supplied instead of illegally restricting supply to raise prices to earn more overall revenue.
6) Tesla’s acquisitions like Hibar, Maxwell, and Grohmann have been clearly for the purpose of integration and innovation that ultimately helps the end consumer and society as a whole.
7) Tesla has not contractually forbidden competitors from using Tesla products in ways that would impede competition.
8) Tesla has not merged with or acquired any competitors.
9) Tesla has not included non-compete stipulations of exclusivity in any of their supply contracts (e.g. Panasonic is free to sell battery cells to anyone else).
10) Most importantly, Tesla achieved dominant monopoly status by vision, audacity and world-class execution. Winning fair and square is perfectly legal. It’s not Tesla’s fault that competitors voluntarily, stupidly, and haughtily decided to give them 15 years of a head start while offering mostly derision and condescension towards Tesla until they woke up to reality.
At worst perhaps Tesla could be criticized in court for bundling FSD with vehicles and powerwall with solar, or for not allowing 3rd parties to access parts and repair instructions for servicing Tesla vehicles.
I understand that monopoly law tends to be similar in other major capitalistic jurisdictions like EU, UK, China, Canada, etc. I would still keep an eye out for this however because if antitrust suits do come someday it could reduce Tesla’s long term investment value. As I’ve said before, if Tesla is forcibly dismantled like AT&T or Standard Oil that would be bad for cost, rate of innovation and the customer experience.
Homework
Competition Law
US Antitrust Law
Sherman Act
US v. AT&T
Std Oil v. US