Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, January 26, 2009

On the Paternity of a Market Delineation Approach

Posted by D. Daniel Sokol

F.M. Scherer of Harvard - Kennedy School of Government provides an interesting historical retrospective On the Paternity of a Market Delineation Approach.

ABSTRACT: This paper by Harvard University’s F. M. Scherer traces the historical antecedants of the 1982 Merger Guidelines SSNIP (small but significant and non-transitory increase in price) approach to market definition. Surveying the prior literature, it recognizes that the person believed to have proposed the approach was Morris Adelman. The author claims a second-mover slot for his testimony in a 1972 brewing merger case, the IBM case, and the Marathon-Mobil case of 1981, along with a 1980 restatement of market definition principles in his industrial organization textbook. Intermediate contributions are also surveyed.

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