448
Opinion of the Court
monopolize. However, intent alone is insufficient to establish the dangerous probability of success, Swift & Co. v. United States, 196 U. S. 375, 402, which requires inquiry into the relevant product and geographic market and the defendant's economic power in that market. There is little if any support in the statute or case law for Lessig's contrary interpretation of § 2. Moreover, Lessig and its progeny are inconsistent with the Sherman Act's purpose of protecting the public from the failure of the market. The law directs itself only against conduct that unfairly tends to destroy competition, and, thus, courts have been careful to avoid constructions of § 2 which might chill competition rather than foster it. The concern that § 2 might be applied so as to further anticompetitive ends is plainly not met by inquiring only whether the defendant has engaged in "unfair" or "predatory" tactics. Since the jury's instructions and the Court of Appeals' affirmance both misconstrued § 2, and since the jury's verdict did not negate the possibility that it rested on the attempt to monopolize ground alone, the case is remanded for further proceedings. Pp. 454-460. 907 F. 2d 154, reversed and remanded.
White, J., delivered the opinion for a unanimous Court.
James D. Vail argued the cause and filed briefs for petitioners.
Robert A. Long, Jr., argued the cause for the United States as amicus curiae in support of petitioners. With him on the brief were Solicitor General Starr, Acting Assistant Attorney General James, Deputy Solicitor General Wallace, and Catherine G. O'Sullivan.
Jeffrey M. Shohet argued the cause for respondents. With him on the brief was Marcelle E. Mihaila.
Justice White delivered the opinion of the Court. Section 2 of the Sherman Act, 26 Stat. 209, as amended, 15 U. S. C. § 2, makes it an offense for any person to "monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States . . . ." The jury in this case returned a verdict finding that petitioners had monopolized, attempted to monopolize, and/or conspired to monopolize. The District Court entered a judgment rul-
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