27 Antitrust Bull. 1 (1982)

handle is hein.journals/antibull27 and id is 1 raw text is: The Antitrust Bulletin/Spring 1982

Use of private sources of market share
data and experts in antitrust litigation
BY TERRY CALVANI,* ANDREW BERG,** and JOHN SIEG-
FRIED***
I. Introduction
Determining market share is exceedingly important in antitrust
litigation since market power is often inferred from market share
and market power is a necessary element to antitrust causes of
action. Market power-power over price-must be demonstrated
to establish unlawful monopolization under section 2 of the
Sherman Act.' The market has also been held to be a necessary
element in attempted monopolization cases by most courts.2
* Visiting Professor of Law, University of Virginia School of Law,
Charlottesville, Virginia.
** Morgan, Lewis & Bockius, Philadelphia, Pennsylvania.
Professor of Economics, Vanderbilt University, Nashville, Tennes-
see.
I   See, e.g., United States v. Grinnell Corp., 384 U.S. 563 (1966).
Section 2 provides: 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 misde-
meanor. . . . 15 U.S.C.  2 (1976).
2   See, e.g., Diamond Int'l Corp. v. Walterhoefer, 289 F. Supp. 550
(D. Md. 1968). But cf. Lessig v. Tidewater Oil Co., 327 F.2d 459 (9th
Cir.), cert. denied, 377 U.S. 993 (1964).
 1982 by Federal Legal Publications, Inc.

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