In light of its decision in In re Southeastern Milk Antitrust Litigation, also known as "Dean Foods," the Sixth Circuit Court of Appeals has significantly advanced the analytical framework for determining the geographic market in antitrust cases. It did so by holding that the “hypothetical monopolist” test used in merger analysis can, in certain circumstances, be practically the same as the Supreme Court’s test in Tampa Electric Co. v. Nashville Coal Co. The Sixth Circuit’s decision in this regard makes a great deal of sense; the question is whether it went far enough.
Attorneys Jeffery Cross and Deborah Bornstein, Partners in the Firm's Litigation Practice Group, discuss the implications of the Dean Foods antitrust case for Law360 Competition and Law360 Appellate, in an article titled, "6th Circuit Ruling on Geographic Market Could Have Done More," which published on March 18, 2014.
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