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Critical Loss Analysis with Differentiated Products

In: The Law and Economics of Patent Damages, Antitrust, and Legal Process

Author

Listed:
  • Wenqing Li
  • Nathan Petek
  • Hassan Faghani

Abstract

When products are differentiated, applying the standard critical loss formula to assess whether it is profitable for a hypothetical monopolist to impose a common price increase can lead to delineating an antitrust market that is too broad by setting a critical loss threshold that is too low. This error is particularly likely to occur when the products exhibit very different per-unit profits, own price elasticities, and cross price elasticities. In particular, different per-unit profits are a necessary condition for this error to occur and this difference is more likely to be driven by an asymmetry in prices than by an asymmetry in costs when own price elasticities are moderate in magnitude. In contrast, differences in the quantity sold of each product do not tend to lead to errors in market definition. Given the issues associated with the standard critical loss analysis, critical loss analysis with asymmetric price increases and the gross upward pricing pressure index are practical alternative approaches for conducting market definition analysis when products in a candidate market are differentiated.

Suggested Citation

  • Wenqing Li & Nathan Petek & Hassan Faghani, 2021. "Critical Loss Analysis with Differentiated Products," Research in Law and Economics, in: The Law and Economics of Patent Damages, Antitrust, and Legal Process, volume 29, pages 27-53, Emerald Group Publishing Limited.
  • Handle: RePEc:eme:rlwezz:s0193-589520210000029003
    DOI: 10.1108/S0193-589520210000029003
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    More about this item

    Keywords

    Critical loss; market definition; hypothetical monopolist test; relevant antitrust market; codes: K21; L4;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L4 - Industrial Organization - - Antitrust Issues and Policies

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