Andy Fitch

Oct 5, 2023 | lpeproject.org | Sandeep Vaheesan |Andy Fitch |J. Benton Heath |Lenore Palladino

Imagine you’re a federal judge, or clerking for a judge, anxiously hearing your first antitrust case. A manufacturer alleges that a larger rival has marginalized it in the relevant market by entering into exclusive arrangements with all its distributors. To determine whether this action violates the law, you need to figure out what share of market foreclosure, or the percent of distribution channels tied up by the defendant in this case, is necessary to violate Section 3 of the Clayton Act.