Pierce Packing Co., a Montana Corporation v. John Morrell & Co., a Delaware Corporation

Appellant, a Montana corporation, instituted an action in the district court charging appellee, a Delaware corporation with its principal place of business in Chicago, Illinois, with violations of Sections . 1 and 2 of the Sherman Act, of the Robinson-Pat-man Act, and of a Montana “Unfair Competition” statute prohibiting sales below cost. The case was tried to a jury. A special verdict was used and the jury answered the threshold question on each issue in favor of appellee. Appellant alleges that the district court judge committed numerous errors in the instructions and in his ruling on an evidentiary matter. We will address these claims as they relate to the Sherman Act § 2 charge and the state claim.

NATURE OF THE CASE

I. SECTION 2-ATTEMPT TO MONOPOLIZE.

The relevant product market was “pork and pork products” and the relevant geographic market was Montana. Appellant asserted that appellee attempted to monopolize this market by selling three key products-pork loins, private label bacon and private label frankfurters-below cost. It was stipulated that at the beginning of the alleged damage period, appellant had 50% of the relevant market, while appellee had only 21%, and that…