United States v. Aluminum Co. of America
United States Court of Appeals for the Second Circuit
148 F.2d 416 (1945)
Alcoa, the sole domestic virgin-aluminum-ingot producer, continually expanded production to match rising demand, while its Canadian affiliate Limited belonged to a European-linked cartel ("the Alliance") that in 1936 set aluminum production quotas including U.S. imports; the district court had calculated Alcoa's market share at only 33% by including secondary (scrap-derived) ingot and excluding Alcoa's own self-fabricated ingot, and found the Alliance's 1936 agreement did not materially affect U.S. commerce because import volumes had actually risen.
Whether a business violates § 2 of the Sherman Act if it possesses monopoly power and willfully acquires or maintains that power with predatory or exclusionary conduct, and whether a state may impose liability upon foreign individuals or entities for conduct occurring outside its borders that is intended to cause and actually causes punishable consequences within its borders.