Market Definition in Section 2 and Section 7: The Same But Not The Same? Question of Fact or Law? .
12 PM EST
Antitrust is a mix of law, fact and opinion evidence—particularly when it comes to market definition. Can we use the same test (e.g., the hypothetical monopolist test) for market definition in a monopolization case as a merger case? Is market definition a question of law or fact? Should the use of a specific tool to define markets be subject to review on appeal as a question of law or fact?
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