Market Definition in Monopolization Cases: A Paradigm is Missing

ISSUES IN COMPETITION LAW AND POLICY, Wayne D. Collins, ed., Forthcoming

NYU, Law and Economics Research Paper No. 05-27

20 Pages Posted: 23 Nov 2005

See all articles by Lawrence J. White

Lawrence J. White

New York University (NYU) - Leonard N. Stern School of Business, Department of Economics

Abstract

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.

Suggested Citation

White, Lawrence J., Market Definition in Monopolization Cases: A Paradigm is Missing. ISSUES IN COMPETITION LAW AND POLICY, Wayne D. Collins, ed., Forthcoming; NYU, Law and Economics Research Paper No. 05-27. Available at SSRN: https://ssrn.com/abstract=852844

Lawrence J. White (Contact Author)

New York University (NYU) - Leonard N. Stern School of Business, Department of Economics ( email )

44 West 4th Street
Suite 9-160
New York, NY NY 10012
United States

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