FINDINGS OF FACT AND CONCLUSIONS OF LAW

To complete this assignment, you must read UNITED STATES’ BRIEF IN SUPPORT OF ITS PROPOSED

FINDINGS OF FACT AND CONCLUSIONS OF LAW (see attached pdf file) pursuant to the antitrust

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prosecution of Dentsply International, Incorporated. The Antitrust Division of the Justice Department, in

a complaint filed in 1999, alleged that Dentsply violated §1 and §2 of the Sherman Act and §3 of the

Clayton Act. Read the Brief filed by the DOJ in 2002 and answer the following questions:

1. Explain the 2-part test for illegal monopolization as set forth in the Grinnell decision.

2. With respect to the §2 component of the case, how did the government define the “relevant

market”?

3. What evidence was given to prove that Dentsply enjoys monopoly power in the market so defined?

4. Again, with reference to the §2 complaint, how is the government claiming that Dentsply engaged

in “willful maintenance” of its monopoly power?

5. Explain the relevance of the “market foreclosure” principal to this case.

6. How did Denstply violate §3 of the Clayton Act, according to the government?

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