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- Title
THE HYPOTHETICAL MONOPOLIST TEST IN SYSCO: A LITIGATION MUDDLE NEEDING ANALYTIC CLARITY.
- Authors
Werden, Gregory J.
- Abstract
The Sysco case demonstrates both significant confusion on the application of the hypothetical monopolist test (HMT) and systemic flaws in the way experts provide evidence. I first explain how the HMT actually works, and then show how the expert testimony on the HMT in Sysco was confusing and possibly misunderstood. I conclude by proposing three structural reforms to merger litigation that would make technical matters like the HMT much clearer to generalist judges.
- Subjects
MERGERS &; acquisitions lawsuits; MERGERS &; acquisitions law; LEGAL testimony; LAW reform; PROFIT maximization
- Publication
Journal of Competition Law & Economics, 2016, Vol 12, Issue 2, p341
- ISSN
1744-6414
- Publication type
Article
- DOI
10.1093/joclec/nhw008