Supreme Court of the United States

Spectrum Sports, Inc. v. McQuillan, Dba Sorboturf Enterprises

January 25, 1993506 U.S. 447

Summary

Justice White delivered the Court’s opinion, rejecting the Ninth Circuit’s rule that unfair or predatory conduct alone could establish attempted monopolization without proof of a relevant market or market power. Attempted monopolization requires predatory or anticompetitive conduct, specific intent to monopolize, and a dangerous probability of achieving monopoly power. Assessing that probability requires consideration of the relevant market and the defendant’s ability to lessen or destroy competition within it. The supplied text expressly announces reversal but ends before the opinion’s closing paragraphs. No separate opinions appear.

Holding

  • Elements of attempted monopolization under § 2 of the Sherman Act.. A plaintiff must prove predatory or anticompetitive conduct, specific intent to monopolize, and a dangerous probability of achieving monopoly power.
  • Whether predatory conduct substitutes for proof of a dangerous probability of monopolization.. Unfair or predatory conduct alone does not establish attempted monopolization without consideration of the relevant market and the defendant’s ability to lessen or destroy competition in that market.

Docket 91-10

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