In 2016 the Federal Trade Commission (“FTC”) lost motions for preliminary injunction in two separate hospital mergers. In both cases the district courts rejected the FTC's geographic market definition based on flawed interpretations of the “hypothetical monopolist” test. Fortunately, the...

This article considers the significance of market definition for the regulation of telecommunications markets in Australian competition law. The legislative context for defining telecommunications markets is discussed. The economic principles which arise when defining telecommunications markets...

Professor Louis Kaplow's proposal to abandon market definition in estimating market power has been criticised by a number of scholars. Both the proposal and its criticism were analysed theoretically. The recent Chinese case of Qihoo v. Tencent provides an empirical examination of the proposal...

The conventional method of defining the relevant product and geographic market was undoubtedly in the foreground of the practice of the European Commission. Since a few years we can see new approaches coming which are less based on the current practice than on economic theories, and in...

There are well-known theoretical concerns regarding the use of price correlations to determine antitrust markets. However, this has not deterred their use or the application of Granger causality, stationarity, and cointegration tests in the determination of antitrust markets. In this paper, we...

This paper questions whether markets need contain products that are direct substitutes for consumers. It shows that there are many instances where markets consist of products that are not direct substitutes, and those which consumers cannot directly use or are at different functional levels in...

Because market definition is frequently outcome determinative, it is both a central and contested part of antitrust litigation. Recognition of business methods known as multisided platforms presents the challenge of whether and how to incorporate their characteristically interconnected groups...