In this chapter, the authors explain the “hypothetical monopolist test,” the standard methodology for identifying relevant antitrust markets in merger cases, and discuss two approaches to implementing the test. They focus on the implementation of the test when firms offer multiple products or services, either inside or outside the candidate market, and discuss the “hypothetical cartel test” introduced in the 2010 US Merger Guidelines.
This chapter appears in Antitrust Economics for Lawyers. For more information, click here.
When Antitrust's Consumer Welfare Standard And ESG Collide
The consumer welfare standard has been a subject of intense interest and debate recently in the U.S., punctuated by the 19-hour debate session in Congress in...