E.I. DU PONT DE NEMOURS v. KOLON INDUSTRIES, INC.

Nos. 10-1103, 10-1275.

637 F.3d 435 (2011)

E.I. DU PONT DE NEMOURS AND COMPANY, Plaintiff-Appellee, v. KOLON INDUSTRIES, INCORPORATED, Defendant-Appellant, and Kolon USA, Incorporated, Defendant, v. Michael D. Mitchell; Aramid Fiber Systems, LLC, Third Party Defendants. United States of America; Federal Trade Commission, Amici Supporting Appellant. E.I. Du Pont de Nemours and Company, Plaintiff-Appellee, v. Kolon Industries, Incorporated, Defendant-Appellant, and Kolon USA, Incorporated, Defendant, v. Michael D. Mitchell; Aramid Fiber Systems, LLC, Third Party Defendants. United States of America; Federal Trade Commission, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 11, 2011.


Attorney(s) appearing for the Case

ARGUED: Stephen Blake Kinnaird , Paul Hastings Janofsky & Walker, LLP, Washington, D.C., for Appellant. Nickolai Gilford Levin , United States Department of Justice, Washington, D.C., for Amici Supporting Appellant. Howard Feller , McGuirewoods, LLP, Richmond, Virginia, for Appellee. ON BRIEF: Michael P.A. Cohen , Paul Hastings Janofsky & Walker, LLP, Washington, D.C.; Dana J. Finberg , Leclairryan, Richmond, Virginia, for Appellant. Willard K. Tom , General Counsel, Federal Trade Commission, Washington, D.C.; Christine A. Varney , Assistant Attorney General, Catherine G. O'Sullivan , United States Department of Justice, Washington, D.C., for Amici Supporting Appellant. Kristen M. Calleja , McGuirewoods, LLP, Richmond, Virginia; Shari Ross Lahlou , Crowell & Moring, LLP, Washington, D.C., for Appellee.

Reversed by published opinion. Judge WYNN wrote the opinion, in which Judge KEENAN and Senior Judge BALDOCK joined.


OPINION

WYNN, Circuit Judge:

Under the Sherman Act, a plaintiff making monopoly and attempted monopoly claims must allege a relevant geographic market to help the court determine whether the defendant has monopoly power. In this case, the district court held that Supreme Court precedent required including in the relevant geographic market definition all locations where product suppliers are headquartered. Yet the Supreme Court case upon which the district...

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