Market Definition in Monopoly Cases: A Paradigm is Missing

19 Pages Posted: 13 Nov 2005

See all articles by Lawrence J. White

Lawrence J. White

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

Date Written: March 2005

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.

Keywords: Antitrust, monopolization, market definition

JEL Classification: K21, L12, L41

Suggested Citation

White, Lawrence J. and White, Lawrence J., Market Definition in Monopoly Cases: A Paradigm is Missing (March 2005). Available at SSRN: https://ssrn.com/abstract=844187 or http://dx.doi.org/10.2139/ssrn.844187

Lawrence J. White (Contact Author)

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