Market Expansion in Duopoly∗

Total Page:16

File Type:pdf, Size:1020Kb

Market Expansion in Duopoly∗ Market Expansion in Duopoly∗ Andrei Hagiu1 and Wei Sun2 August 30, 2016 Abstract We study the eect of market expansion due to exogenous factors on a duopoly's equilibrium prices and prots. The total eect on each rm's prots consists of a direct eect, proportional to the demand derived from the new market segment, and a competitive eect, proportional to the change in the rival rm's equilibrium price. We show that the sign of the total eect on prots depends only on rst-order and second-order demand elasticities, and on the ratio between how important the new market segment is relative to the existing segments for the two rms. In particular, this sign can be independent of the magnitude of the (positive) direct eect. The total eect on each rm's price consists of a non-strategic eect (the adjustment induced by the demand from the new market segment) and a strategic eect (the response to the price adjustment by the rival rm). Due to the strategic eect, market expansion to a more price elastic segment for both rms can lead to a higher equilibrium price for one rm. We also derive implications for empirical estimations of the eects of market expansion. JEL classication: L13, M21 Keywords: market expansion, duopoly. ∗We thank Julian Wright and seminar participants at the National University of Singapore for their helpful comments. 1 MIT Sloan School Of Management, Cambridge MA 02142, [email protected] 2 Harvard Business School, Boston, MA 02163, [email protected] 1 1 Introduction Oligopolies can see their relevant markets expand unexpectedly due to exogenous factors, such as decreases in the price (or increases in the quality) of an underlying platform or a complementary technology, the appearance of new information or cultural trends that change customer perceptions, etc. For example, as videogames gradually entered the cultural mainstream, the addressable market for makers of home videogame consoles (Microsoft, Nintendo, Sega, Sony) expanded from teenage boys in the late 1980s, to older males throughout the 1990s, and nally to just about everyone else after the release of the Nintendo Wii in 2005. Similarly, the cloud infrastructure and computing services oered by Amazon, Google, IBM and Microsoft initially only appealed to start-ups and small companies. Due to the emergence of virtualization and other complementary technologies that helped alleviate security and reliability concerns for cloud services, the relevant market has signicantly expanded to also include large corporations. What is the eect on rm prots of an exogenous market expansion in the absence of new entry? Whereas market expansion always increases monopoly prots, the eect on oligopoly prots can go either way. At a high level, market expansion has both a direct eect and a competitive eect on each rm's prot. The direct eect is always positive (more customers to sell to), while the competitive eect is negative (respectively, positive) if the competitor's new equilibrium price is lower (respectively, higher). If the competitive eect is negative and outweighs the direct eect, market expansion decreases equilibrium protswe derive precise conditions under which this occurs. Although we focus on a competitive duopoly, our formal analysis and insights also apply when the two rms are complementors (e.g. Microsoft and Intel in the market for personal computers). In our model, there is a (continuous) set of existing market segments and we conceptualize market expansion as the addition of a new (innitesimal) market segment. In this set-up, whether market expansion increases or decreases equilibrium prices and prots depends only on the rst- order and second-order demand elasticities, and on the ratio between how important the new market segment is relative to the existing segments for the two rms. An important and novel result of our analysis is that the sign of the total eect on prots can be independent of the 2 magnitude of the direct eect, which is proportional to the size of the new market segment and is always positive. For instance, for two symmetric rms, the size of the new market segment has no bearing on whether market expansion decreases or increases equilibrium prots. In fact, if the sign of the prot change is negative, then increasing the new market segment's size exacerbates the negative impact on prots. Market expansion can also have a counter-intuitive total eect on equilibrium prices. On the one hand, if the new market segment is more price elastic for the two rms, then, assuming no price discrimination, each rm is inclined to decrease its price for the entire marketthis is the non-strategic eect. However, there is also a strategic eect: each rm's price decrease aects the competitor's demand elasticity, prompting the competitor to further adjust its pricedownward if the two prices are strategic complements, and upward if they are strategic substitutes. Thus, if the prices exhibit suciently strong strategic substitutability, the strategic eect may overturn the non-strategic eect, leading to a counter-intuitive result for one of the two rms, i.e. market expansion to a more price elastic segment leads to a price increase. Our analysis has important implications for empirical studies. In particular, both rst-order and second-order price elasticities must be accurately estimated for the existing market in order to correctly predict the sign of the total eects of market expansion on prices and prots. Furthermore, we show that dierent sources of consumer heterogeneity aect the outcome dierently. Thus, empirical models that accomodate only one type of consumer heterogeneity can yield qualitatively wrong preditions regarding the eect of market expansion. The next section discusses the related literature. Section 3 sets up our model and derives the expressions for the total eects of market expansion on equilibrium prices and prots. To build intuition for interpreting these expressions, Section 4 analyzes and interprets a simpler version of our model, by shutting down the strategic eect. Section 5 returns to the full equilibrium, interprets the expressions obtained in Section 3, and derives additional results. Section 6 briey shows that our analysis also applies to complementors. Section 7 illustrates our main results with simple examples based on linear demand. Section 8 discusses the implications of our theoretical analysis for empirical estimations. Finally, Section 9 concludes. 3 2 Related literature The idea that seemingly benecial exogenous shocks (i.e. those that would unambiguously raise prots for a monopoly rm) may decrease the equilibrium prots of oligopoly rms even in the absence of entry dates back to at least Bulow et al. (1985). Specically, Bulow et al. (1985) showed that an exogenous cost decrease in one market for a rm that benets from economies of scale across two markets can hurt that rm's overall protability if it induces a suciently aggressive competitive response by its rival in the second market. This counter-intuitive phenomenon can only occur if the strategic eecti.e. the change in prots due to the induced change in the choice of strategic variable (price or quantity) by the competitor in the second marketis negative and outweighs the positive direct eect of the cost decrease in the rst market. The sign of the strategic eect is determined by whether the two rms' products are strategic complements or substitutes. In contrast, a key contribution of our analysis is to show that the strategic eect is not essential for obtaining the counter-intuitive result that market expansion can decrease equilibrium prots. The reason is that the exogenous shock in our framework (market expansion) aects both rms directly. This implies that both rms experience a direct eect and a competitive eect, the latter of which can be further decomposed in a strategic eect and a non-strategic eect. The non-strategic eect can deliver the counter-intuitive result on its own. Meanwhile, in Bulow et al. (1985) the exogenous shock is unilateral, i.e. only one rm experiences a direct eect. This implies that the competitive eect is reduced to the strategic eect, which then becomes crucial to the result. Furthermore, Bulow et al. (1985) informally suggest that for the cost decrease to lower total prots, the (positive) direct eect has to be small relative to the strategic eect.3 By contrast, we completely characterize the necessary and sucient conditions for market expansion to lower prots and show that in our framework, the sign of the total eect of market expansion on prots can be independent of the magnitude of the (positive) direct eect. In particular, it is possible that increasing the magnitude of the direct eect exacerbates the negative total eect. Also related is Seade (1985), who shows that in an oligopolistic setting with no entry, an increase in marginal cost common to all competitors (e.g. tax increase) can sometimes lead to higher prot 3 Specically, sales in the market where the focal rm experiences the cost decrease must be suciently small relative to sales in the oligopolistic market. 4 for all competitors. While in this set-up all rms face a direct eect, a non-strategic competitive eect and a strategic competitive eect, the mechanism with cost shocks is quite dierent from the one with market expansion that we study. Furthermore, Seade (1985) relies on a Cournot quantity competition model, whereas we use a general Bertrand competition model, which yields more tractable conditions and is easier to interpret. Finally, at a high level, our paper is also reminiscent of an earlier literature, which points out that increased competition in an oligopolistic setting (i.e. a higher number of competitors), can result in higher equilibrium pricessee, for example, Salop (1979), Satterthwaite (1979), Rosenthal (1980). We obtain a somewhat similar result, namely that market expansion to a more elastic segment can result in a price increase for one of the competitors, but the underlying mechanisms are very dierent.
Recommended publications
  • Hearing on Oligopoly Markets, Note by the United States Submitted To
    Unclassified DAF/COMP/WD(2015)45 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 12-Jun-2015 ___________________________________________________________________________________________ _____________ English - Or. English DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Unclassified DAF/COMP/WD(2015)45 HEARING ON OLIGOPOLY MARKETS -- Note by the United States -- 16-18 June 2015 This document reproduces a written contribution from the United States submitted for Item 5 of the 123rd meeting of the OECD Competition Committee on 16-18 June 2015. More documents related to this discussion can be found at www.oecd.org/daf/competition/oligopoly-markets.htm. English English JT03378438 Complete document available on OLIS in its original format - This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of English Or. international frontiers and boundaries and to the name of any territory, city or area. DAF/COMP/WD(2015)45 UNITED STATES 1. Following on our submissions to previous OECD roundtables on oligopolies, notably the 1999 submission of the U.S. Department of Justice and the U.S. Federal Trade Commission on Oligopoly (describing the theoretical and economic underpinnings of U.S. enforcement policy with regard to oligopolistic behavior),1 and the 2007 U.S. submission on facilitating practices in oligopolies,2 this submission focuses on certain approaches taken by the Federal Trade Commission (“FTC”) and the U.S. Department of Justice Antitrust Division (“DOJ”) (together, “the Agencies”) to prevent the accumulation of unwarranted market power and address oligopoly issues. 2. Pursuant to U.S.
    [Show full text]
  • Resale Price Maintenance in China – an Increasingly Economic Question
    Resale Price Maintenance in China – an increasingly economic question Three recent decisions in China suggest that Resale Specifically, the Court was clear that since RPM was Price Maintenance cases will not be decided solely on a defined in the law as a “monopoly agreement”, it must be legal consideration but will also turn on the economic expected to have the impact of eliminating or restricting context of the agreements in question. competition in order to be found illegal. To determine whether the agreement had the impact of eliminating or Resale Price Maintenance (RPM) is a contractual restricting competition, the Court proposed four constituent commitment imposed by a supplier on its distributors not to economic questions: sell its product for less (or more) than a given price. It is very 1. Is competition in the relevant market “sufficient”? common in distribution contracts throughout the world, 2. Does the defendant have a “very strong” market especially in China because of the control that RPM position? provides over resale quality and the distribution chain. 3. What was the motive behind the RPM agreements? RPM is a particularly contentious area of competition law 4. What was the competitive effect of the RPM? since RPM clauses can be both beneficial and harmful to competition depending on the context in which they are implemented. For example, RPM may facilitate unlawful Specifically, the Court suggested that if competition in the collusion between suppliers by allowing them to control and market was sufficient then it would not have found the RPM monitor the final retail price. RPM may also be forced on agreement illegal.
    [Show full text]
  • The United States Has a Market Concentration Problem Reviewing Concentration Estimates in Antitrust Markets, 2000-Present
    THE UNITED STATES HAS A MARKET CONCENTRATION PROBLEM REVIEWING CONCENTRATION ESTIMATES IN ANTITRUST MARKETS, 2000-PRESENT ISSUE BRIEF BY ADIL ABDELA AND MARSHALL STEINBAUM1 | SEPTEMBER 2018 Since the 1970s, America’s antitrust policy regime has been weakening and market power has been on the rise. High market concentration—in which few firms compete in a given market—is one indicator of market power. From 1985 to 2017, the number of mergers completed annually rose from 2,308 to 15,361 (IMAA 2017). Recently, policymakers, academics, and journalists have questioned whether the ongoing merger wave, and lax antitrust enforcement more generally, is indeed contributing to rising concentration, and in turn, whether concentration really portends a market power crisis in the economy. In this issue brief, we review the estimates of market concentration that have been conducted in a number of industries since 2000 as part of merger retrospectives and other empirical investigations. The result of that survey is clear: market concentration in the U.S. economy is high, according to the thresholds adopted by the antitrust agencies themselves in the Horizontal Merger Guidelines. By way of background, recent studies of industry concentration conclude that it is both high and rising over time. For example, Grullon, Larkin, and Michaely conclude that concentration increased in 75% of industries from 1997 to 2012. In response to these and similar studies, the antitrust enforcement agencies recently declared that their findings are not relevant to the question of whether market concentration has increased because they study industrial sectors, not antitrust markets. Specifically, they wrote, “The U.S.
    [Show full text]
  • Official Journal of the European Communities on the Definition Of
    9 . 12 . 97 [ EN ] Official Journal of the European Communities C 372/ 5 COMMISSION NOTICE on the definition of relevant market for the purposes of Community competition law (97/C 372/03 ) ( Text with EEA relevance ) I. INTRODUCTION 3 . It follows from point 2 that the concept of 'relevant market' is different from other definitions of market often used in other contexts . For instance , companies often use the term 'market' to refer to the area 1 . The purpose of this notice is to provide guidance as where it sells its products or to refer broadly to the to how the Commission applies the concept of industry or sector where it belongs . relevant product and geographic market in its ongoing enforcement of Community competition 4 . The definition of the relevant market in both its law, in particular the application of Council Regu­ product and its geographic dimensions often has a lation No 17 and (EEC ) No 4064/ 89 , their decisive influence on the assessment of a competition equivalents in other sectoral applications such as case . By rendering public the procedures which the transport, coal and steel , and agriculture , and the Commission follows when considering market defi­ relevant provisions of the EEA Agreement ('). nition and by indicating the criteria and evidence on Throughout this notice , references to Articles 85 and which it relies to reach a decision , the Commission 86 of the Treaty and to merger control are to be expects to increase the transparency of its policy and understood as referring to the equivalent provisions decision-making in the area of competition policy .
    [Show full text]
  • Resale Price Maintenance: Economic Theories and Empirical Evidence
    "RESALE PRICE MAINTENANCE: ECONOMIC THEORIES AND EMPIRICAL EVIDENCE Thomas R. Overstreet, Jr. Bureau of Economics Staff Report to the Federal Trade Commission November 1983 RESALF. PRICE INTF.NANCE: ECONO IC THEORIES AND PIRICAL EVIDENCE Thomas R. Overstreet, Jr. Bureau of Economics Staff Report to the Federal Trade Commiss ion November 1983 . FEDERAL TRDE COM~ISSION -f. JAMES C. ~ILLER, III, Chairman MICHAEL PERTSCHUK, Commissioner PATRICIA P. BAILEY, Commissioner GEORGE W. DOUGLAS, Commissioner TERRY CALVANI, Commi S5 ioner BUREAU OF ECONO~ICS WENDY GRA~, Director RONALD S. BOND, Deputy Director for Operations and Research RICHARD HIGGINS, Deputy Director for Consumer Protection and Regulatory Analysis JOHN L. PETE , Associate Director for Special Projects DAVID T. SCHEFF N, Deputy Director for Competition and Anti trust PAUL PAUTLER, Assistant to Deputy Director for Competition and Antitrust JOHN E. CALFEE, Special Assistant to the Director JAMES A. HURDLE, Special Assistant to . the Director THOMAS WALTON, Special Assistant to the Director KEITH B. ANDERSON, Assistant Director of Regulatory Analysis JAMES M. FERGUSON, Assistant Director for Antitrust PAULINE IPPOLITO, Assistant Director for Industry Analysis WILLIAM F. LONG, ~anager for Line of Business PHILIP NELSON, Assistant Director for Competition Analysis PAUL H. RUBIN, Assistant Director for Consumer Protection This report has been prepared by an individual member of the professional staff of the FTC Bureau of Economics. It rsfle cts solely the views of the author, and is not intended to represent the position of the Federal Trade Commission, or necessarily the views of any individual Commissioner. -ii - fI. ACKNOWLEDGMENTS I would like to thank former FTC Commissioner David A.
    [Show full text]
  • Antitrust for Consumers and Workers: a Framework for Labor Market Analysis in Merger Review
    ANTITRUST FOR CONSUMERS AND WORKERS: A FRAMEWORK FOR LABOR MARKET ANALYSIS IN MERGER REVIEW By: Lauren Sillman* I. INTRODUCTION Antitrust traditionally has not been a friend of labor. Twelve of the first thirteen prosecutions under the Sherman Act—the foundational antitrust statute passed in 1890—targeted labor unions.1 Dismayed by such subversion of the statute’s original purpose, Congress intervened and exempted labor organizing from antitrust enforcement in the Clayton Act of 1914.2 Ever since, the relationship between antitrust law and the welfare of workers has largely been one of indifference. Anticompetitive behavior that would have drawn the ire of enforcement agencies if executed in product markets has been tacitly condoned in labor markets. While neglect may be preferable to outright hostility, neither is necessary. The antitrust statutes and economic theory provide a strong basis for using antitrust enforcement to promote more competitive labor markets in the interest of workers. A détente is especially desirable today in light of the severe stagnation in American wages. In the past thirty-five years, U.S. gross domestic product has all in all grown but the purchasing power of the average worker has barely changed.3 Labor’s share of national income declined precipitously in the 2000s, and in the five years after the Great Recession it was lower than at any point since World War II.4 Because most people get most of their income from * Antitrust Associate, Clifford Chance LLP; J.D., Georgetown University Law Center; B.A., University of Iowa. I would like to thank Professor Steven Salop for his wisdom, support, and guidance.
    [Show full text]
  • Statement of the Federal Trade Commission
    STATEMENT OF THE FEDERAL TRADE COMMISSION In the Matter of Caremark Rx, Inc./AdvancePCS File No. 031 0239 The Federal Trade Commission has closed its investigation of Caremark Rx, Inc.’s proposed acquisition of AdvancePCS. The transaction involves two of the largest providers of prescription benefit management (“PBM”) services in the United States. PBMs administer prescription benefits for most U.S. consumers under contracts with health plans or directly with employers. As part of the Commission’s continuing effort to provide transparency to its decision-making process,1 and to provide guidance about the application of the antitrust laws to mergers in this market, the following statement will outline the reasons for our decision to close the investigation. The Commission’s most recent investigations of the PBM industry include two matters that resulted in consent orders.2 Each of those matters involved the acquisition by a pharmaceutical manufacturer of a PBM (as opposed to the present situation – the acquisition by one PBM of another). In those two cases, the Commission’s complaint identified “the provision 1See, e.g., Statement of the Federal Trade Commission, AmeriSource Health Corporation/Bergen Brunswig Corporation (Aug. 24, 2001), available at www.ftc.gov/os/2001/08/amerisourcestatement.pdf; Concurring Statement of Commissioner Mozelle W. Thompson, AmeriSource Health Corporation/Bergen Brunswig Corporation (Aug. 24, 2001), available at www.ftc.gov/os/2001/08/amerisourcethompsonstatement.pdf; Statement of the Federal Trade Commission Concerning Royal Caribbean Cruises, Ltd./P&O Princess Cruises plc and Carnival Corporation//P&O Princess Cruises plc (Oct. 4, 2002), available at www.ftc.gov/os/2002/10/cruisestatement.htm; Dissenting Statement of Commissioners Sheila F.
    [Show full text]
  • A Critique of the Herfindahl-Hirschman Index's Use
    Pace Law Review Volume 34 Issue 2 Spring 2014 Article 8 April 2014 When Bigger Is Better: A Critique of the Herfindahl-Hirschman Index’s Use to Evaluate Mergers in Network Industries Toby Roberts Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Antitrust and Trade Regulation Commons, and the Business Organizations Law Commons Recommended Citation Toby Roberts, When Bigger Is Better: A Critique of the Herfindahl-Hirschman Index’s Use to Evaluate Mergers in Network Industries, 34 Pace L. Rev. 894 (2014) Available at: https://digitalcommons.pace.edu/plr/vol34/iss2/8 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. When Bigger Is Better: A Critique of the Herfindahl-Hirschman Index’s Use to Evaluate Mergers in Network Industries Toby Roberts* I. Introduction The Herfindahl-Hirschman Index (“HHI”) operates under a very simple premise: industry behavior strongly correlates with industry structure; the larger a firm is within its industry, the more likely it is to engage in supracompetitive pricing or other anticompetitive conduct.1 For more than 30 years, antitrust regulators have used the index to gauge whether prospective mergers would produce a firm of such magnitude that it would adversely impact societal welfare. When an HHI analysis of an impending merger suggests that a potentially harmful increase in concentration will result, the companies involved must demonstrate that the merger has other characteristics that mitigate its impact on prices in order to gain regulatory approval.2 * Staff attorney at the California Court of Appeal and former law clerk at the United States District Court for the Central District of California and the United States Court of Appeals for the Ninth Circuit.
    [Show full text]
  • Measures of Competition and Concentration in the Banking Industry: a Review of the Literature
    Measures of Competition and Concentration in the Banking Industry: a Review of the Literature Jacob A. Bikker and Katharina Haaf Central Bank of the Netherlands 1. Introduction Abstract: Measures of concentration and The deregulation of financial services in the European Union, the competition are of vital importance for establishment of the Economic and Monetary Union (EMU) and welfare-related public policy toward the development of information technology are expected to market structure and conduct in the banking industry. Theoretical contribute to dramatic changes in European banking markets characteristics of market concentration over the coming years, with vast implications for competition measures are discussed and illustrated and concentration in the banking and financial sector. The recent with numerical examples. Various wave of mergers in the European banking industry can be seen as structural and non-structural measures of competition are presented and their a result of these developments. This process of consolidation applications have been discussed. In may affect competition, particularly on local retail markets, and structural approaches, the market enhances concentration, whereas the size of new global players structure is described by concentration may cause concerns about financial stability. ratios, based on the oligopoly theory or the structure-conduct-performance paradigm. To assess the implications of these developments, it is necessary to investigate the impact of consolidation on the market structure and the performance of banks. Measures of concentration and competition are essential for welfare-related public policy toward the banking market. In recent years, however, only a limited number of empirical studies have investigated competition and concentration in European banking markets.
    [Show full text]
  • Antitrust Guidelines for Collaborations Among Competitors
    Antitrust Guidelines for Collaborations Among Competitors Issued by the Federal Trade Commission and the U.S. Department of Justice April 2000 ANTITRUST GUIDELINES FOR COLLABORATIONS AMONG COMPETITORS TABLE OF CONTENTS PREAMBLE ................................................................................................................................ 1 SECTION 1: PURPOSE, DEFINITIONS, AND OVERVIEW ............................................... 2 1.1 Purpose and Definitions .................................................................................................... 2 1.2 Overview of Analytical Framework ................................................................................ 3 1.3 Competitor Collaborations Distinguished from Mergers .............................................. 5 SECTION 2: GENERAL PRINCIPLES FOR EVALUATING AGREEMENTS AMONG COMPETITORS .................................................................................. 6 2.1 Potential Procompetitive Benefits .................................................................................. 6 2.2 Potential Anticompetitive Harms .................................................................................... 6 2.3 Analysis of the Overall Collaboration and the Agreements of Which It Consists ......................................................................................................... 7 2.4 Competitive Effects Are Assessed as of the Time of Possible Harm to Competition ..................................................................................
    [Show full text]
  • Vertical Merger Guidelines
    Vertical Merger Guidelines U.S. Department of Justice & The Federal Trade Commission June 30, 2020 Table of Contents 1 Overview...................................................................................................................................... 1 2 Evidence of Adverse Competitive Efects................................................................................ 3 3 Market Defnition, Related Products, Market Shares, and Concentration......................... 3 4 Unilateral Efects ....................................................................................................................... 4 4.a Foreclosure and Raising Rivals’ Costs ........................................................................... 4 4.b Access to Competitively Sensitive Information.............................................................. 10 5 Coordinated Efects ................................................................................................................... 10 6 Procompetitive Efects ............................................................................................................. 11 U.S. DEPARTMENT OF JUSTICE AND THE FEDERAL TRADE COMMISSION VERTICAL MERGER GUIDELINES 1. OVERVIEW These Vertical Merger Guidelines outline the principal analytical techniques, practices, and enforcement policies of the Department of Justice and the Federal Trade Commission (the “Agencies”) with respect to a range of transactions often described as vertical mergers and acquisitions.1 The relevant statutory provisions
    [Show full text]
  • Product Competition in the Relevant Market Under the Sherman Act
    Michigan Law Review Volume 53 Issue 1 1954 Product Competition in the Relevant Market Under the Sherman Act David Macdonald University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Antitrust and Trade Regulation Commons, Law and Economics Commons, Legal History Commons, and the Supreme Court of the United States Commons Recommended Citation David Macdonald, Product Competition in the Relevant Market Under the Sherman Act, 53 MICH. L. REV. 69 (1954). Available at: https://repository.law.umich.edu/mlr/vol53/iss1/4 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. 1954] THE RELEVANT MAmrnT 69 PRODUCT COMPETITION IN THE RELEVANT MARKET UNDER THE SHERMAN ACT David Macdonald* NE of the most vexatious problems in antitrust law today is the 0 measurement of monopoly power in connection with section 2 of the Sherman Act.1 The federal courts have simultaneously used two methods of accomplishing this purpose.2 The first, called the "behavior" or "public injury" test, consists of analyzing the behavior of the putative monopolist and comparing it to behavior thought to be typical of monopolies. Under this approach the presence of some of these behavior patterns is considered proof that monopoly power exists. The second method, upon which more emphasis has been placed in recent years, emphasizes the measurement of the control over the "mar­ ket" which the monopolist exerts.3 One of the prime factors by which control is calculated is the percentage of the market occupied by the monopolist.4 The larger the percentage, the more likely that monopoly power exists.
    [Show full text]