Stepping out in an Old Brown Shoe: In Qualified Praise of Submarkets
2000; American Bar Association; Volume: 68; Issue: 1 Linguagem: Inglês
ISSN
0003-6056
Autores Tópico(s)Legal and Constitutional Studies
ResumoThis essay argues that the attraction of the Brown Shoe practical indicia to the courts and the problems commentators recognize in their application arise from the same source. A single analytical approach the use of practical indicia to identify submarkets has been employed to address four concepts: buyer substitution, seller substitution, unilateral competitive effects of mergers among sellers of differentiated products, and price discrimination markets. As antitrust has come to a better understanding of these four economic concepts, it has become clear that they are more effectively treated in separate analyses, as is done in the DOJ and FTC Horizontal Merger Guidelines.2
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