Chapter 11: Antitrust Law- Monopiles and Mergers Flashcards
Product Market
1- General categories of goods and services in which the defendant particular products or services compete
2-Those not in the same competitive arena
Geographic Market
Determine where the product can be purchased.
Any section of the country where the product is sold in commercially significant quantities
Market Share
Market share above 70% supports monopoly power
Normally between 50% to 70%
Structure/Conduct
1- Requires a showing of both market power
2- Willful acquisition or maintenance of that power
3 Part Test for attempted monopolization
1- Defendant has engaged in predator or anti-competitive conduct
2- Specific intent to monopolize
3- Dangerous probability of achieving monopoly power
Coordinated Effects/Collusion
Merging parties and their competitors might fix prices, reduce output, reduce quality and coordinate their activities rather than compete against each other
Unilateral Effects
Will the merger allow the newly merged firm to unilaterally raise prices, restrict output or control innovation?
Market
Smallest product and geographic market in which a monopolist could raise prices a small but significant and non transitory amount