Union Carbide Corp. v. Montell N.V. was a complex antitrust litigation between Montell, Shell, and Union Carbide. One of the contentions in the case centered on whether market share was determinative of market dominance. The court held that in most cases, indicators of a market share are congruent with market dominance, but that there are exceptions. In addition, even if there is a large market share and/or market dominance, that does not necessarily equate to an antitrust claim. The court noted that the evidence presented for an antitrust claim must be more definite, because of the chilling effect that antitrust litigation has on competition in particular and the economic state of the industry in general. See  the D.M. Research case.

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