Antitrust & Trade Reg.
Dec. 4, 2024
Ninth Circuit's shifting stance on antitrust relevant market analysis
See more on Ninth Circuit's shifting stance on antitrust relevant market analysis
It is a familiar fight in antitrust trials: What should the first question on the jury verdict form be? Should it be whether the plaintiff has proven the existence of a relevant market? That the defendant had market power? Both? Neither? This is a critical decision in many antitrust cases; relevant market and market power are issues that plaintiffs commonly lose. But recent Ninth Circuit decisions call into question whether plaintiffs need to show market power, or even define a relevant ma...
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