Albrecht, D. (2005) “AMD v. Intel: American Antitrust Law in the 21st Century” Engineering Law
2005年のAMDのIntelに対する訴訟(the 2005 AMD lawsuit against Intel)を取り扱ったもの
p.9 — 「過去数年間、Intelの売上高シェアは90%以上であり、AMDのシェアは約9%に留まっている。また最近8年間の内の7年間はx86マイクロプロセッサーの売上個数シェアはIntelが少なくとも80%を確保している。」
Point 25 in AMD‟s brief explains that “According to published reports, over the past several years it [Intel] has consistently achieved more than a 90% market share as measured by revenue, while AMD‟s share has remained at approximately 9%…Intel has captured at least 80% of x86 microprocessor unit sales in seven of the last eight years.”[注94] Per American Tobacco Co. v. Unites States, 80% market share constitutes monopoly.95 The 90% revenue figure also reveals a strong grip on the market, although the tests set forth in United States v. du Pont Co. and United States v. Aluminum Co. of America do not comment on the appropriateness of measuring market share by revenue versus of units shipped. In either case, it is hard to deny that Intel‟s 80% or more share of the x86 processor market is monopolistic in character. AMD‟s brief did not specify the sources of their market data, but the factual nature of AMD‟s monopoly claim combined with the well-settled tests for monopoly will be easy to confirm or deny after a thorough discovery process.
[注94]
Black, Henry Campbell, M.A., with Nolan, Joseph R., Associate Justice, Massachusetts Supreme Judicial Court, and Nolan-Haley, Jacqueline M., Associate Clinical Professor, Fordham University School of Law. Black‟s Law Dictionary. Abridged Sixth Edition. West Publishing Company, 1991,p.10