United States Eighth Circuit

In a dispute between competitors in a specialized medical-device market involving allegations of exclusionary and predatory conduct in violation of the Sherman Act, summary judgment for defendant is affirmed where: 1) for purposes of a monopolization claim, plaintiff failed to create a jury question on the issue of the relevant product market; and 2) for purposes of attempted monopolization claims, plaintiff offered no evidence to support allegations of predatory or anti-competitive conduct or that defendant's conduct had a dangerous probability of success.

Appellate Information

• Decided 01/25/2007
• Published 01/25/2007

Judges

• SMITH, Circuit Judge., Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James J. Long, argued, Minneapolis, MN, for Appellant.


• For Appellees:
  
• Todd Wind, argued, Fredrikson & Byron, Minneapolis, MN, for Appellee.