#82 All Bundled Up? Making Antitrust Sense of Product Bundles and Clusters

Market definition is a core concept in antitrust law.  While product markets are usually defined based on substitutability, are there situations where products that are not substitutes belong in the same market?  Kevin Hahm, a partner at Hunton Andrews Kurth and a long-time FTC enforcer, joins Sergei Zaslavsky and Christina Ma to discuss bundle and cluster markets --- those unique situations where products that are not substitutes are grouped in the same market.  Listen to the podcast to learn what bundle and cluster markets are and why they matter.


  • Kevin Hahm, Partner, Hunton Andrews Kurth

Related Links:

ProMedica Sixth Circuit Opinion: https://www.ftc.gov/system/files/documents/cases/140422promedicaopinion_0.pdf

Staples II District of DC Opinion: https://www.leagle.com/decision/infdco20160613787

Whole Foods DC Circuit Opinion: https://www.courtlistener.com/opinion/187197/ftc-v-whole-foods-market-inc/

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz  and Sergei Zaslavsky, O'Melveny & Myers

Link to Our Curious Amalgam’s website episode page:https://podcast.ourcuriousamalgam.com/episode/82-all-bundled-up-antitrust-sense-product-bundles-clusters/