Cite as: 506 U. S. 447 (1993)
Opinion of the Court
attempt to monopolize was likely to succeed it was not necessary to present evidence of the relevant market or of the defendants' market power. In so doing, the Ninth Circuit relied on Lessig v. Tidewater Oil Co., 327 F. 2d 459 (CA9), cert. denied, 377 U. S. 993 (1964), and its progeny. App. to Pet. for Cert. A18-A19. The Court of Appeals noted that these cases, in dealing with attempt to monopolize claims, had ruled that "if evidence of unfair or predatory conduct is presented, it may satisfy both the specific intent and dangerous probability elements of the offense, without any proof of relevant market or the defendant's marketpower [sic]." Id., at A19. If, however, there is insufficient evidence of unfair or predatory conduct, there must be a showing of "relevant market or the defendant's marketpower [sic]." Ibid. The court went on to find:
"There is sufficient evidence from which the jury could conclude that the S. I. Group and Spectrum Group engaged in unfair or predatory conduct and thus inferred that they had the specific intent and the dangerous probability of success and, therefore, McQuillan did not have to prove relevant market or the defendant's marketing power." Id., at A21.
The decision below, and the Lessig line of decisions on which it relies, conflicts with holdings of courts in other Circuits. Every other Court of Appeals has indicated that proving an attempt to monopolize requires proof of a dangerous probability of monopolization of a relevant market.5 We
5 See, e. g., CVD, Inc. v. Raytheon Co., 769 F. 2d 842, 851 (CA1 1985), cert. denied, 475 U. S. 1016 (1986); Twin Laboratories, Inc. v. Weider Health & Fitness, 900 F. 2d 566, 570 (CA2 1990); Harold Friedman, Inc. v. Kroger Co., 581 F. 2d 1068, 1079 (CA3 1978); Abcor Corp. v. AM Int'l, Inc., 916 F. 2d 924, 926, 931 (CA4 1990); C. A. T. Industrial Disposal, Inc. v. Browning-Ferris Industries, Inc., 884 F. 2d 209, 210 (CA5 1989); Arthur S. Langenderfer, Inc. v. S. E. Johnson Co., 917 F. 2d 1413, 1431-1432 (CA6 1990), cert. denied, 502 U. S. 899 (1991); Indiana Grocery, Inc. v. Super Valu Stores, Inc., 864 F. 2d 1409, 1413-1416 (CA7 1989); General Indus-
453
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