Conwood Co. v. United States Tobacco Co.

Conwood (plaintiff), holding a 13.5 percent snuff-tobacco market share, sued USTC (defendant), which held a 77 percent share and conceded its own monopoly power but denied exclusionary conduct, alleging predatory practices excluded Conwood from certain markets; Conwood's expert Leftwich used regression analysis, a before-and-after test, and a yardstick comparison to USTC-free markets to estimate Conwood would have achieved a 22 to 25 percent market share absent the exclusionary conduct, supporting damages between $313 and $488 million, and the jury awarded $350 million, tripled to $1.05 billion under the Clayton Act.