Document Type

Article

Comments

To be published in: Issues in Competition Law and Policy, Wayne D. Collins, ed.

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.

Date of Authorship for this Version

11-1-2005