Cite as: 506 U. S. 447 (1993)
Opinion of the Court
Notwithstanding the array of authority contrary to Lessig, the Court of Appeals in this case reaffirmed its prior holdings; indeed, it did not mention either this Court's decisions discussed above or the many decisions of other Courts of Appeals reaching contrary results. Respondents urge us to affirm the decision below. We are not at all inclined, however, to embrace Lessig's interpretation of § 2, for there is little, if any, support for it in the statute or the case law, and the notion that proof of unfair or predatory conduct alone is sufficient to make out the offense of attempted monopolization is contrary to the purpose and policy of the Sherman Act.
The Lessig opinion claimed support from the language of § 2, which prohibits attempts to monopolize "any part" of commerce, and therefore forbids attempts to monopolize any appreciable segment of interstate sales of the relevant product. See United States v. Yellow Cab Co., 332 U. S. 218, 226 (1947). The "any part" clause, however, applies to charges of monopolization as well as to attempts to monopolize, and it is beyond doubt that the former requires proof of market power in a relevant market. United States v. Grin-nell Corp., 384 U. S. 563, 570-571 (1966); United States v. E. I. du Pont de Nemours & Co., 351 U. S. 377, 404 (1956).9 In support of its determination that an inference of dangerous probability was permissible from a showing of intent, the Lessig opinion cited, and added emphasis to, this Court's reference in its opinion in Swift to " 'intent and the consequent dangerous probability.' " 327 F. 2d, at 474, n. 46, quoting 196 U. S., at 396. But any question whether dangerous
9 Lessig cited United States v. Yellow Cab Co., 332 U. S., at 226, in support of its interpretation, but Yellow Cab relied on the "any part" language to support the proposition that it is immaterial how large an amount of interstate trade is affected, or how important that part of commerce is in relation to the entire amount of that type of commerce in the Nation.
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