Legal Opinion

Smithkline Corporation v. Eli Lilly and Company

Court of Appeals for the Third Circuit

Decided April 3, 1978No. 77-1232PublishedCited by 135 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question for decision is whether the district court in a non-jury trial erred in defining the relevant product market in a proceeding brought by SmithKline Corporation against Eli Lilly and Company under § 2 of the Sherman Act, which proscribes monopolies and attempts to monopolize. The court determined that the relevant product market is the nonprofit hospital market for a class of antibiotic drugs known as cephalosporins and that the relevant geographic market is the United States. Having so defined the relevant market, the court…

2Cases cited9 opinions

  1. United States v. Grinnell Corp.Supreme Court of the United States · 1966
  2. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  3. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  4. United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
  5. George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972

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3Cited by135 opinions

  1. Berkey Photo, Inc., Plaintiff-Appellee-Cross v. Eastman Kodak Company, Defendant-Appellant-CrossCourt of Appeals for the Second Circuit · 1979
  2. Elliot Fineman the Industry Network System, Inc. v. Armstrong World Industries, Inc.Court of Appeals for the Third Circuit · 1992
  3. ZF Meritor LLC v. Eaton CorporationCourt of Appeals for the Third Circuit · 2012
  4. Concord Boat Corp. v. Brunswick Corp.Court of Appeals for the Eighth Circuit · 2000
  5. Lepage's Incorporated v. 3m (Minnesota Mining And Manufacturing Company)Court of Appeals for the Third Circuit · 2003

130 more not listed; retrieve them via the Exa API.

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