· 4/9/1990
Twin Laboratories, Inc. v. Weider Health & Fitness, a Corporation, I, Brute Enterprises, Inc.
Citations
- 900 F.2d 566
- 1990 U.S. App. LEXIS 5466
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an essential facility claim must allege “more than inconvenience, or even some economic loss”
- noting that although market share is the “primary indicator” of a dangerous probability of success, it is “not the sole one”
- noting that plaintiff must allege absence of feasible alternative to sustain hypothetical essential facility claim
- noting that a monopoly leveraging claim requires \tangible harm to competition\
- noting that a plaintiff’s allegations must be “done with the sole intent to harm”
- assuming for purposes of essential facilities discussion that defendant possessed monopoly power in relevant market
Source: CourtListener parenthetical corpus (CC0).
Judges: Timbers, Meskill, Altimari
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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