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· 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 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.