UNITED STATES v. ALUMINUM CO. OF AMERICA et al., 148 F.2d 416

Summary

The United States alleged violations of the Sherman Act, 15 U.S.C.S. §§ 1, 2, through interstate and international monopolization of the virgin ingot market and sought dissolution of appellee aluminum company. The United States alleged that appellees had a monopoly in production of virgin ingot, perpetuated through unlawful practices. Appellees had such a proportionally large amount of product that it had control of the supply, despite what actual production numbers indicated, and secondary market competition was not substantial. The fact that no more than fair profit was derived from appellees' command of the market was not relevant because all contracts fixing prices in the United States were unconditionally forbidden under the Sherman Act. Size alone did not determine the existence of a monopoly but, rather, exclusion of competitors, unnatural growth, wrongful intent, and undue coercion were determinative elements.