NicSand, Inc. v. 3M Co.
457 F.3D 534, 2006 FED.APP. 0282P, 2006.C06.0000866
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Beschreibung des Verlags
NicSand, Inc. (NicSand), a marketer of automotive abrasives, brought this antitrust action against its competitor, 3M Company (3M), alleging that 3Ms execution of exclusive dealing contracts with four of the six largest distributors of such abrasives constituted attempted and unlawful monopolization under § 2 of the Sherman Act. The district court granted 3Ms motion to dismiss on the ground that NicSand failed to allege an "antitrust injury," and NicSand timely appealed. We find that NicSand has sufficiently pleaded an antitrust injury to maintain its claims and accordingly we reverse the judgment of the district court.