Making a Market Out of a Mole Hill? Geographic Market Definition in Aspen Skiing

Abstract

The issue of market definition can be a major challenge and source of contention in antitrust cases. While not the principal focus of the Supreme Court in the famous Aspen Skiing case, the issue of geographic market determination was crucial to the evolution of the case. In this paper, we draw upon both original trial testimony and interviews with first-hand parties to the case to shed light on the controversial determination that downhill skiing “in the Aspen area” constituted a market area capable of being monopolized.

Keywords: Market definition, geographic market determination, Aspen, monopoly