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, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.
Notes of Decisions
ZF Meritor LLC v. Eaton Corp., 696 F.3d 254 (3d Cir. 2012).
· cites it 10× “§ 1 ; acted unlawfully to maintain a monopoly, in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2 ; and entered into illegal restrictive dealing agreements, in violation of Section 3 of the Clayton Act, 15 U.”
Lantec, Inc. v. Novell, Inc., 306 F.3d 1003 (10th Cir. 2002).
· cites it 9× “§ 1 ; (3) Novell monopolized, attempted to monopolize, and conspired with WordPerfect to monopolize the groupware for NetWare market in violation of 15 U.S.C. § 2 ; and (4) Novell unlawfully used its monopoly power in the network operating system market as leverage to gain a…”
Copperweld Corp. v. Indep. Tube Corp., 467 U.S. 752 (1984).
· cites it 4× “209 , as amended, 15 U. S. C. § 2 . Before trial respondent dismissed Smith as a defendant and dismissed its § 2 monopolization count.”
Tal v. Hogan, 453 F.3d 1244 (10th Cir. 2006).
· cites it 3× “§ 1962 , and the Sherman Act, 15 U.S.C. § 2 . They also asserted pendant state law claims for tortious interference with business and fraudulent condemnation of Tal, Inc.”
Viamedia, Incorporation v. Comcast Corp., 951 F.3d 429 (7th Cir. 2020).
· cites it 3× “has sued defendant Comcast Corporation for violating Section 2 of the Sherman Act, 15 U.S.C. § 2 . Viamedia accuses Comcast of us- ing its monopoly power in one service market to exclude com- petition and gain monopoly power in another service market.”
Lenox MacLaren Surgical Corp. v. Medtronic, Inc., 847 F.3d 1221 (10th Cir. 2017).
· cites it 3× “15 U.S.C. § 2 . Lenox alleged that Defendants engaged in illegal activity to advance a coordinated, anticompetitive scheme in which a related non-party, Medtronic Sofa-mor Danek USA, Inc.”
Atl. Richfield Co. v. USA Petroleum Co., 495 U.S. 328 (1990).
· cites it 4× “§ 1 , an attempt to monopolize the local retail gasoline sales market in violation of § 2 of the Sherman Act, 15 U. S. C. § 2 , and other misconduct not relevant here.”
E.I. Du Pont De Nemours & Co. v. Kolon Indus., Inc., 637 F.3d 435 (4th Cir. 2011).
· cites it 2× “Kolon counterclaimed that DuPont had monopolized and had attempted to monopolize the para-aramid market in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2 . 1 The primary thrust of Kolon’s second amended counterclaim (“Counterclaim”) is that DuPont illegally used…”
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