Why bother with the monopolization case market power paradigm?
• Recognition of the Cellophane Fallacy suggests that the monopolization case market power paradigm is best viewed as an organizational methodology for the presentation of evidence, rather than as a rigid set of sequential steps that must be undertaken in order. • As an organizational methodology, the monopolization case market power paradigm is helpful because it provides a way for courts to make sure that the antitrust analysis is complete and that important economic evidence that will shed light on the internal consistency of the parties arguments is available to the court. • However, there may be circumstances when something short of a complete analysis is required. In particular, there may be situations where there is direct evidence of market power or where it is clear that a firm does not have market power.
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