Larry White's guest article, "A Riff and a Half on the Delineation of Relevant Markets in Antitrust Cases" in the Network Law Review

June 16, 2022

Excerpt from the Network Law Review -- "In this note, I wish to make two points. First – and most important: A satisfactory paradigm for delineating relevant markets in unilateral monopolization cases – which involve allegations of restrictive, exclusionary, and/or predatory actions, or abuse of dominance – has not yet appeared in the litigation of monopolization cases. Unfortunately, the market delineation paradigm that has been successfully used for delineating relevant markets for antitrust merger analyses – the “hypothetical monopolist test” (HMT) – generally cannot be used for monopolization cases. But without a suitable paradigm, almost all such cases are doomed to devolve into a set of “he said, she said” claims by the litigating parties as to the relevant market, and consequent judicial decisions will have little or no coherence with respect to this central aspect of these cases."

Larry White is the Robert Kavesh Professor of Economics at NYU Stern.
Read the full article here.