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U.S. v. DENTSPLY INTERN., INC.

No. 03-4097.

399 F.3d 181 (2005)

UNITED STATES of America, Appellant, v. DENTSPLY INTERNATIONAL, INC.

United States Court of Appeals, Third Circuit.

February 24, 2005.

Attorney(s) appearing for the Case

R. Hewitt Pate, Assistant Attorney General, Makan Delrahim, J. Bruce McDonald, Deputy Assistant Attorneys General, Adam D. Hirsh, (Argued), Robert B. Nicholson, Mark J. Botti, Jon B. Jacobs, Attorneys, U.S. Department of Justice, Antitrust Division, Washington, for Appellant United States of America.

Margaret M. Zwisler, (Argued), Richard A. Ripley, Kelly A. Clement, Eric J. McCarthy, Douglas S. Morrin, Howrey Simon Arnold & White, LLP, Washington, William D. Johnston, Christian D. Wright, Young, Conaway, Stargatt & Taylor, Wilmington, Brian M. Addison, Dentsply International, Inc., York, for Appellee Dentsply International, Inc., of counsel.

Before MCKEE, ROSENN and WEIS, Circuit Judges.

OPINION

WEIS, Circuit Judge.

In this antitrust case we conclude that an exclusivity policy imposed by a manufacturer on its dealers violates Section 2 of the Sherman Act. We come to that position because of the nature of the relevant market and the established effectiveness of the restraint despite the lack of long term contracts between the manufacturer and its dealers. Accordingly, we will reverse the judgment of the District Court in favor of the defendant...

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