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SmithKLINE CORP. v. ELI LILLY & CO.

No. 77-1232.

575 F.2d 1056 (1978)

SmithKLINE CORPORATION v. ELI LILLY AND COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Pepper, Hamilton & Scheetz, Philadelphia, Pa., Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for appellant; John G. Harkins, Jr., Philadelphia, Pa., Edward N. Sherry, Jack Kaufmann, John F. Collins, New York City, of counsel.

Frederic L. Ballard, William S. Rawls, Lewis A. Grafman, Philadelphia, Pa., for appellee; Ballard, Spahr, Andrews & Ingersoll, John L. Boyle, Richard L. Sherman, Philadelphia, Pa., of counsel.

Before ALDISERT, VAN DUSEN and WEIS, Circuit Judges.

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...

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