Thal v. Commonwealth Financial Corp.

How later courts describe this case

• holding that “loss leader” sales in that case did not give rise to dangerous probability of monopoly
• surveying cases and noting that percentages greater than 70 percent generally are found to constitute monopoly power.
• “In testing the legal sufficiency of the complaint . . . conclusions of law and unreasonable inferences or unwarranted deductions of fact are not admitted.”
• twenty percent market share inadequate to allow exclusion of competition or control of prices
• twenty percent insufficient for actual monopolization