Market power in antitrust

Article Abstract:

Market power is the focal point of antitrust law, and the purpose of antitrust law is consumer protection. For antitrust purposes, market power refers to a situation in which a company or group of companies profitably keeps prices at a level significantly higher than that of the competition for a substantial period of time. Monopoly power can be described as a longer-term form of market power. Establishing market power has traditionally taken place by showing a company has high market shares. Analyzing the connection between price and incremental costs is another method of showing market share.

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Is the glass half-empty or half-full?: reflections on the Kodak case

Article Abstract:

The Supreme Court's decision in Eastman Kodak Co v. Image Technical Services Inc represents a change in antitrust analysis which should help defendants. Kodak lost a claim that it had no market power in an aftermarket for parts and service, but the theoretical arguments can hold up in the absence of factual evidence which led to Kodak's undoing. For example, Kodak's reasoning can be used by franchisers such as fast food restaurants. The theory of no market power does not require effective competition, and the Court has shown an interest in accepting the theory.

Cases

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Innovations in antitrust enforcement

Article Abstract:

Officials with the US Dept of Justice's Antitrust Division have suggested new forms of antitrust analysis that focus on innovation markets, but existing antitrust tools are quite capable of integrating these concerns. The innovation market approach posits that mergers should be assessed for their impact on the market for industrial innovations. Antitrust analysis has always considered the impact of industrial concentration on research and development and competitiveness.

United States, Economic aspects, Laws, regulations and rules, Acquisitions and mergers, Investigations, Technological innovations, United States. Department of Justice. Antitrust Division

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