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Competition Law Toolkit : Key Concepts and Tools
B. Market DefinitionPure monopoly is rare, but a firm, or a group of firms acting collectively, may have sufficient power over the market to enjoy some of the benefits available to the true monopolist. If the notion of "power over the market" is key to analyzing competition issues, it becomes immediately obvious that it is necessary to understand what is meant by "the market" or the "relevant market" for this purpose. The concept is an economic one [ PDF ], and in complex cases, it may be necessary for lawyers to engage the services of economists and other specialists to assist in the proper delineation of the market, as highly sophisticated economic, econometric and statistical analysis is sometimes called for. In most competition law cases, progress cannot be made without some feel for the appropriate market definition, and all "practitioners"—here used in a broad sense to include both advisers and competition policy officials and judges—must be familiar with the relevant principles [ PDF ].
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