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''Spectrum Sports, Inc. v. McQuillan'', 506 U.S. 447 (1993) was a case in which the Supreme Court of the United States rejected the assertion that attempted monopolization may be proven merely by demonstration of unfair or predatory conduct. Instead, conduct of a single firm could be held to be unlawful attempted monopolization only when it actually monopolized or dangerously threatened to do so. Thus, the Court rejected the conclusion that injury to competition could be presumed to follow from certain conduct. The causal link ''must'' be demonstrated. ==Background== Defendants held the patent to a polymer used in athletic goods. Plaintiff distributor refused to sell its right to develop goods made from the material, so that it could retain its rights to manufacture equestrian products. Defendants appointed another distributor. Plaintiff brought suit, claiming violations of the Sherman Act and Clayton Act, 15 U.S.C.S. §§ 2 and 3, the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.S. § 1962, and state unfair practices law. The trial court found defendants liable for attempted monopolization and denied their motions for judgment notwithstanding the verdict and for a new trial. The Ninth Circuit affirmed. Defendants appealed, claiming that plaintiffs failed to prove the elements of attempted monopolization. Defendants claimed reversal was required where defendants' specific intent to monopolize was not proven. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Spectrum Sports, Inc. v. McQuillan」の詳細全文を読む スポンサード リンク
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