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建立人际资源圈Business_Law
2013-11-13 来源: 类别: 更多范文
Business Law
Global Case Summary:
Issues:
General Cigar Holdings, Inc., the plaintiff, is a cigar manufacturer in New York. They were seeking damages from the defendant, Altadis, S.A., Altadis U.S.A., and Consolidated Cigar Holdings, Inc., a Spanish Cigar manufacturer and its subsidiaries, claiming that they put themselves in a position to obtain monopoly power in certain cigar markets. The case was held in United States District Court for the Southern District of Florida. The claims that General Cigar Holdings had against the defendant include attempted monopolization, monopoly leveraging, unreasonable restraint of trade, violations of the Florida Antitrust act of 1980, tying full-line forcing, trademark infringement violations, violations of the Florida Deceptive and Unfair Trade Practices Act, violations of common law unfair competition law, and violations of common law interference with prospective business relations. The defendants filed motions to dismiss all claims.
Reasoning:
The court dismissed the claim of attempted monopolization because the plaintiff did not prove that the defendant did not hold at least 50% of the market share. The court felt that there was no dangerous probability of monopoly power.
The court dismissed the plaintiffs accusation of monopoly leveraging, stating that the defendant did not attempt to monopolize the secondary market.
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