Medtronic Ruling Creates Hurdles For Antitrust Defendants

Law360, New York (August 14, 2014, 10:16 AM EDT) -- On Aug. 5, 2014, the Tenth Circuit Court of Appeals reinstated claims of monopolization and attempted monopolization under Section 2 of the Sherman Act brought by a manufacturer of surgical bone mills against a competitor. In reversing the district court's grant of summary judgment for the defendant, the Tenth Circuit allowed a market definition which the district court had viewed as artificially narrow. The court also discounted the successful entry story of another competitor relied on by the lower court because "a single competitor's breakthrough does not preclude a finding of significant barriers to entry." The court then found that the plaintiff had created a triable issue of fact on each of the other elements of the monopolization and attempted monopolization claims. Lenox MacLaren Surgical Corp. v. Medtronic Inc., Case No. 11-1251 (10th Cir., Aug. 5, 2014)....

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