Monopoly

Question 1

U.S. v. Aluminum Co. of America

Answer 1

Unlawful IFF firm has Market Power & Exclusionary Conduct.

33% - no market power
64% - probably not enough market power
90% - market power

Question 2

U.S. v. United Shoe Machinery Corp.

Answer 2

No intent requirement for §2

Effect of leases was to entrench market power

Question 3

U.S. v. E.I. du Pont de Nemours & Co.

Answer 3

Monopoly power = power to control price or exclude competitors.

Must define relevant market

Question 4

Berkey Photo v. Eastman Kodak

Answer 4

Lawfully acquired monopoly power –> entitled and encouraged to use the strength of its position to compete aggressively.

Question 5

Spectrum Sports v. McQuillan

Answer 5

3-prong test to determine attempted monopolization:

1. predatory or exclusionary conduct
2. specific intent to monopolize
3. Dangerous probability of achieving monopoly power