Market definition with differentiated products: the Post/Nabisco cereal merger

Article Abstract:

The author discusses the use of empirical methodology in antitrust litigation and focuses on the 1995 U.S. District Court for the Southern District of New York case New York v. Kraft General Foods, Inc.

Models, Methodology, Research methods, Empiricism

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Stepping out in an old Brown Shoe: in qualified praise of submarkets

Article Abstract:

The author explains how the practical indicia for defining submarkets, used by courts following the U.S. Supreme Court 1962 case Brown Shoe Co. v. United States, can be consistent with viable antitrust doctrine and can satisfy commentators criticizing their use.

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The problem with Baker Hughes and Syufy: on the role of entry in merger analysis

Article Abstract:

The US Supreme Court needs to address the misunderstanding of the value of potential entry to cure threats to competition posed by mergers expressed by the US Courts of Appeals for the D.C. and Ninth Circuits. In United States v. Baker Hughes, Inc., the D.C. Circuit refused to accept that entry must be quick and effective for it to trump the anticompetitive potential of a merger. In United States v. Syufy Enterprises, the Ninth Circuit failed to consider whether entry was likely, based on potential profitability and market capacity, in finding that potential competitors could enter the market with relative ease.

Merger Regulation, Laws, regulations and rules, Acquisitions and mergers, Corporation law, Barriers to entry (Industrial organization), Barriers to entry

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