Market definition and differentiated products: the need for a workable standard

Article Abstract:

Product market definition is a continuing problem in antitrust enforcement because clear standards have not been established. Defining the relevant market is an essential step in determining whether market power exists, and market definition has become the determinative factor in many antitrust cases. In 1962, the Supreme Court decision in Brown Shoe Co. v. United States established certain tests for market boundaries, but these tests are still subject to result-oriented manipulation. The difficulty often lies in defining what constitutes adequate substitutes for the product.

Laws, regulations and rules, Market share

---

Post-Chicago economics and workable legal policy

Article Abstract:

The post-Chicago antitrust approach may provide economists with more precise tools and methods for analysis, but the real test for this approach will be whether workable rules and guidelines can be developed for judges and businesses. Fact-based analysis that does not rely on the Chicago School's simplified theories will likely yield more-informed decisions, but antitrust enforcement could be crippled if all issues are going to require such analysis. Clear rules are needed on market power, price fluctuations, horizontal mergers and potentially benign market power.

Usage, Industrial organization

---

A workable rule of reason: a less ambitious antitrust role for the federal courts

Article Abstract:

The author proposes a unitary set of standards for deciding antitrust cases. Topics include the historical replacement of the rule of reason by a network of per se rules, and the Supreme Court's movement away from per se rules beginning in the 1970s.

United States, Federal courts, Powers and duties

Similar abstracts:

• Abstracts: The evidentiary use of the ethics codes in legal malpractice: erasing a double standard
• Abstracts: Market definition under price discrimination. Merger review under the Competition Act: reflections on the first decade
• Abstracts: Stockholders' holding claim class actions under state law after the Uniform Standards Act of 1998. Reconciling the juridical links doctrine with the Federal Rules of Civil Procedure and Article III
• Abstracts: Personal residences now offer more tax shelter. Debt can puncture the dividends-received deduction. Mitigation offers escape from expired limitations period
• Abstracts: Individual liability of supervisors for acts of sexual harassment. Passive inhalation of marijuana smoke: creating a workable standard

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.