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Following Alcoa and American Tobacco, courts typically have required a dominant market share before inferring the existence of monopoly power. The Fifth Circuit observed that «monopolization is rarely found when the defendant's share of the relevant market is below 70%.»(22) Similarly, the Tenth Circuit noted that to establish «monopoly power, lower courts generally require a minimum market share of between 70% and 80%.»(23) Likewise, the Third Circuit stated that «a share significantly larger than 55% has been required to establish prima facie market power»(24) and held that a market share between seventy-five percent and eighty percent of sales is «more than adequate to establish a prima facie case of power.»(25)
It is also important to consider the share levels that have been held insufficient to allow courts to conclude that a defendant possesses monopoly power. The Eleventh Circuit held that a «market share at or less than 50% is inadequate as a matter of law to constitute monopoly power.»(26) The Seventh Circuit observed that "[f]ifty percent is below any accepted benchmark for inferring monopoly power from market share."(27) A treatise agrees, contending that «it would be rare indeed to find that a firm with half of a market could individually control price over any significant period.»
Основные тезисы гендиректора «Яндекса» Александра Шульгина из интервью газете «Коммерсант»