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· 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 CourtListener

Sourced 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.