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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.