Four Suggestions on Market Delineation

• Published date: 01 March 1992
• Author: Gregory J. Werden
• DOI: 10.1177/0003603X9203700104
• Date: 01 March 1992
• Subject Matter: Article

The Antitrust Bulletin/Spring 1992

Four suggestions on market

delineation

BY GREGORY J. WERDEN*

107

Market delineation plays a central role in much

of

antitrust, and a

large portion

of

antitrust cases

tum

on market delineation. This

article offers four suggestions for lawyers and economists who

work in this area on how they might improve the process. These

suggestions can be viewed from an academic perspective as four

points on how to do market delineation properly. They can also be

viewed from a pragmatic perspective as four types

of

arguments

that might prove useful in advocating aparticular position. Even

if

the arguments

don't

lead to conclusions favorable to

one's

posi-

tion, considering them still

may

be useful because

it

may help

anticipate arguments by the other side.

The first two suggestions are very basic points that transcend

squabbles over the proper approach to market delineation.

The

last two relate to the application

of

the market delineation princi-

*Economist, AntitrustDivision, U.S. Department of Justice.

AUTHOR'S NOTE: Luke Froeb, Bernard Hollander, David Malueg, Robert

Nicholson,

and

Albert

Smiley

provided

helpful comments. The views

expressed herein are not purported to represent those

of

the

u.s.

Depart-

ment

of

Justice.

e1992 by Federal Legal Publications, Inc.