Question IX: To what extent buying and selling in monopolies is unlawful

Monopoly, as Molina says, disput. 345, is called as it were one selling. Now a Monopoly arises when one, or a few, bring it about that they alone sell some kind of merchandise at whatever price has pleased them.

Moreover a Monopoly is defined: It is a convention, machination, and industry of certain merchants, by which they bring it about that they alone either sell some kind of goods, or sell at a certain price.

Now this can be done in four ways: either conspiring among themselves about the price, so that no one sell cheaper. Or bringing it about that they alone sell certain goods, or buying up all the goods of a certain kind, and suppressing them, until the price of them has risen very much. Or impeding that they be carried off elsewhere by others. I shall discuss all these.

I suppose, moreover, with D. Bonavent. in speculo animae, cap. 2. at the end, that the gathering is unjust when someone gathers even his own goods, say the fruits of the earth, from the mere ardor of growing rich, or that scarcity be procured, and the goods stored be afterwards sold more dearly, and again the price be restored.

Therefore as to the first case: if the merchants do not sell beyond the limits of the just price, nor is it ordered to the bringing in of scarcity, I say it is not iniquitous against justice. So Less. lib. 2. cap. 21. dub. 20. num. 145. Molina t. 2. disp. 345. Navar. in sum. Lat. cap. 23. num. 42. Maior in 4. dist. 15. quaest. 4. Sylvester v. emptio, quaest. 18. Fagundez l. 5. cap. 35. Bass. num. 24. nevertheless say that such men sin against charity. Nauarrus indeed speaks in general. And the holy Doctor indicates this same thing, while he says that those making monopolies from the mere ardor of having, sin. Some, however, among those cited by Fagundez say they sin against justice, whom they certainly violate, exceeding the just price.

As to the second case: it is certain that the Prince can grant, as some say, the faculty (in Italian Appalto), and the merchants can accept it, provided it not be to the public loss. So Molina t. 2. disp. 345. Fagundez l. 5. cap. 35. and others. But let the just price be observed, says Bassaeus num. 25.

As to the third way, when many together buy goods, that they may afterwards sell at a dearer time at their pleasure. I say with D. Bonav. that they sin against justice, and are held to restitution. So also Gabr. 4. dist. 15. quaest. 10. art. 3. Medin. de restit. quaest. 36. Sylvest. v. emptio, quaest. 10. Angelus v. negotiatio, Sums l. 6. de iust. quaest. 2. art. 2. Maior in 4. dist. 15. quaest. 4. alioqui 41. Fagund. l. 5. cap. 35. Azor. 3 p. l. 8. cap. 28. Regin. l. 25. num. 327. Sylvest. quaest. 77. art. 1. quaest. 2. Conrad. de contr. quaest. 51 Rebell. 2. p. de oblig. iust. l. 9. quaest. 5. Bassaeus num. 27. where, with Fill. tract. 35. num. 214. Less. l. 2. dub. 21. num. 153. Molin. disp. 345. adds that it is not done against commutative justice, but Legal, and therefore they are not held to restore. But they are deceived: for by the law of nations buying ought to be free to individuals in the whole breadth of the just price, and accordingly an injury is done to the buyers by that whole agreed increase of the price.

But to buy up all the goods, or so great a supply, that scarcity is brought in, or the liberty of buying at the just current price in due time is taken from individuals; is an injustice compelling to restitution. See Medin. de restit. quaest. 36. §. penult. Sylvest. v. emptio, quaest. 10. Ang. v. Negotiatio, Sot. l. 6. de Iust. quaest. 2. and the others cited above.

Wherefore in vain does Fagund. num. 7. say it is licit; if liberty and abundance remain.

The fourth mode of monopoly is unjust by the consent of all, as Fagund. num. 9. says. In vain indeed does Bassaeus num. 27. add, that this is true if the merchants are diverted by force, or fraud; not, if by prayers, or persuasions. Certainly they still inflict injustice on the citizens against the law of nations; even if not on the arriving merchants, who nevertheless, for the most part, suffer some loss.