Attempted Monopolization

Attempted Monopolization

Attempted Monopolization

Spectrum Sports requires anticompetitive conduct, specific intent to achieve monopoly power, and a dangerous probability that the attempt would succeed. Market definition and share evidence support the probability element.

Specific intent distinguishes it from monopolization.

Alternative Names:

Attempt to Monopolize|Attempted Monopoly

Why it Matters?

Dangerous probability requires substantial market share, and courts generally find shares below thirty percent insufficient regardless of intent evidence, which makes the element a threshold defense where the defendant's position is modest. Specific intent evidence in internal documents about defeating a rival is frequently the plaintiff's strongest material, and coaching sales and executive teams on competitive language is preventive rather than reactive.

Frequently Confused with

Related terms

Frequently asked questions

What share supports dangerous probability?

What share supports dangerous probability?

Substantial share, with courts generally finding positions below thirty percent insufficient regardless of intent evidence.

What is the plaintiff's strongest evidence?

What is the plaintiff's strongest evidence?

Internal documents expressing intent to defeat a rival, which makes competitive language guidance preventive.