META DESCRIPTION: Market power is the central concept in all antitrust enforcement. This post, guided by a Legal Expert, explains how courts and regulators like the Department of Justice and FTC define the relevant market, measure market share using tools like the Herfindahl-Hirschman Index (HHI), and assess entry barriers to determine if a firm is […]
Meta Description Understand the concept of market power, the core foundation of all US antitrust enforcement. Learn how this power is defined, the critical two-part test for proving it—involving relevant market and market share—and its essential role in monopolization cases under the Sherman Act. Introduction: The Core of Competition Law Antitrust law, often referred to
Explore the legal intricacies of market power and its crucial role in maintaining a fair and competitive marketplace. In the world of business and commerce, a term you’ll often encounter is “market power.” While it might sound like a simple economic concept, its implications under competition and antitrust laws are profound. It is the ability
Demystifying Market Power: A Guide to Its Role in Antitrust Litigation In the world of competition law, the concept of market power is fundamental. It stands at the core of nearly all antitrust cases, acting as a crucial element that legal experts must prove to establish a violation. Essentially, market power refers to a firm’s