Berkey Photo v. Eastman Kodak

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In Berkey Photo v. Eastman Kodak, 603 F.2d 263, 271-76 (1979), the Second Circuit reversed most of the jury antitrust awards against Kodak, and held concerning the Sherman Act that:

In sum, although the principles announced by the § 2 cases often appear to conflict, this much is clear. The mere possession of monopoly power does not Ipso facto condemn a market participant. But, to avoid the proscriptions of § 2, the firm must refrain at all times from conduct directed at smothering competition. This doctrine has two branches. Unlawfully acquired power remains anathema even when kept dormant. And it is no less true that a firm with a legitimately achieved monopoly may not wield the resulting power to tighten its hold on the market.

Berkey Photo, Inc. v. Eastman Kodak Co., 603 F.2d 263, 275 (2d Cir. 1979)