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The Hypothetical Monopolist Test In Sysco: A Litigation Muddle Needing Analytic Clarity

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  • Gregory J. Werden

Abstract

The Sysco case demonstrates both significant confusion on the application of the hypothetical monopolist test (HMT) and systemic flaws in the way experts provide evidence. I first explain how the HMT actually works, and then show how the expert testimony on the HMT in Sysco was confusing and possibly misunderstood. I conclude by proposing three structural reforms to merger litigation that would make technical matters like the HMT much clearer to generalist judges.

Suggested Citation

  • Gregory J. Werden, 2016. "The Hypothetical Monopolist Test In Sysco: A Litigation Muddle Needing Analytic Clarity," Journal of Competition Law and Economics, Oxford University Press, vol. 12(2), pages 341-350.
  • Handle: RePEc:oup:jcomle:v:12:y:2016:i:2:p:341-350.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhw008
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    Cited by:

    1. Zevgolis Nikolaos E. & Fotis Panagiotis N., 2019. "A Rule of Reason Approach for Passive Minority Interests within the European Union," Review of Law & Economics, De Gruyter, vol. 15(3), pages 1-41, November.

    More about this item

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices

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