Question

Antitrust a) In the Grinnell opinion (to the Sherman Act), the Supreme Court set out a...

Antitrust

a) In the Grinnell opinion (to the Sherman Act), the Supreme Court set out a two-prong test for illegal monopolization. What are these two prongs?

b) Briefly describe Deutscher Tennis Bund v. ATP Tour Inc

c) Briefly describe Gunter Harz Sports v. USTA

Homework Answers

Answer #1

The violation of monopoly under section 2 of the Sherman Act has 2 elements:

  1. The possession of monopoly power in the relevant market.
  2. The willful acquisition and maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident.

Thus, the test needs proof of these two distinct elements.

The first element needs the proof regarding monopolist who controlled the power to influence market prices and remove competition from the relevant market.

The second element of the test needs proof which supports the thing that monopolistic entity encouraged the monopolist’s challenged conduct.

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