The use of economic analysis by the Supreme Court in applying the concept of the relevant market

Research paper by Reuben E. Slesinger

Indexed on: 01 Sep '95Published on: 01 Sep '95Published in: European Journal of Law and Economics


Attention by the courts to what constitutes a market has resulted from litigation enforcement by both the Federal Trade Commission and the Antitrust Division of the Department of Justice, especially in connection with the amended section 7 of the Clayton Act. The termmarket is not mentioned in either the Clayton or the Sherman Acts. What constitutes a “part of commerce,∝ “a line of commerce,∝ or “section of the country∝ has been interpreted by the courts to mean “a market.∝ A market in antitrust administration then becomes judicial—a process of interpreting the language of the antitrust statutes.