· 12/24/2002
Pepsico, Inc. v. The Coca-Cola Company
Citations
- 315 F.3d 101
- 2002 U.S. App. LEXIS 27238
- 2002 WL 31866172
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “a relevant market definition is not a necessary component of a monopolization claim” where there is direct evidence of monopoly power
- noting that the plaintiff had “failed to adduce direct evidence that [defendant] . . . can control prices or exclude competition.”
- finding that “a 64 percent market share is insufficient to infer monopoly power” “[a]bsent additional evidence, such as an ability to control prices or exclude competition”
- finding “authority to support [plaintiffs] claim that a relevant market definition is not a necessary component of a monopolization claim”
- finding challenged contracts lawful, in part, because they were terminable at will
- viewing Toys \R\ Us as representing a minimum evidentiary threshold for a horizontal agreement
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Kearse
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.