Market Definition in Monopolization Cases: A Paradigm is Missing
Lawrence J. White
New York University (NYU) - Leonard N. Stern School of Business; Leonard N. Stern School of Business - Department of Economics
ISSUES IN COMPETITION LAW AND POLICY, Wayne D. Collins, ed., Forthcoming
NYU, Law and Economics Research Paper No. 05-27
The question of market definition for monopolization cases - and thus the issue of the possession of market power by the defendant - is crucial for the outcome of these cases. However, unlike antitrust merger analysis, where the DOJ-FTC Horizontal Merger Guidelines has provided a successful paradigm for market definition, monopolization cases lack a guiding market definition paradigm. This chapter addresses this issue, shows the problems that arise when a market definition paradigm is absent, and offers some partial remedies. The best remedy, though, would be the development of a suitable market definition paradigm for these cases.
Number of Pages in PDF File: 20Accepted Paper Series
Date posted: November 23, 2005
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