Competition to Innovate and Future Potential Competition

When reviewing mergers and similar transaction the American antitrust enforcers must, at times, protect competition in markets for products which do not exist. These include nascent competition cases. To justify doing so courts must develop a new legal doctrine: the current closest legal doctrine, potential competition, only allows courts, and the enforcers, to protect competition in markets for products which exist. This article describes this new legal doctrine, which it calls Future Potential Competition