Assuming a threatening market share is established, the next requirement is proof of an intent to monopolize. Remember that a monopoly finding requires a showing of both market power (structure) and willful acquisition or maintenance of that power (conduct). Antitrust law is not designed to attack legitimately earned market power. Rather, the concern lies with those holding monopoly power that was acquired or maintained wrongfully. Thus, a showing of deliberate predatory, coercive, or unfair conduct (such as collusion leading to price fixing) will normally suffice to establish the requisite intent. 

Questions 

1. Why might discounts constitute an antitrust violation? 

2. Defend Intel against those charges. What arguments are available to you?