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Attempt To Monopolize: Dangerous Probability Of Success As An Obstacle To Enforcing Section 2 Of The Sherman Act, John C. Bjorkman

Seattle University Law Review

This Comment analyzes the conflicting definitions of "attempt to monopolize" as applied to the Sherman Act. First, the Comment outlines the majority position requiring proof of "dangerous probability of success" in an "attempt to monopolize" case under section 2 of the Sherman Act. Next, the Comment examines the minority position and finds that it raises countervailing concerns that warrant eliminating the "dangerous probability of success" requirement. Finally, this Comment concludes that the "dangerous probability of success" element adds nothing but confusion to the "attempt to monopolize" analysis and should therefore be eliminated.