The great divide on market definition

02 March 2017

In April 2010, four days before the Department of Justice (DOJ) and Federal Trade Commission (FTC) released their proposed update to the horizontal merger guidelines, Judge Maxine Chesney dismissed a private antitrust challenge to the merger of drugmakers Pfizer and Wyeth. She cited Supreme Court and other appellate rulings in explaining that the plaintiffs had failed to allege appropriately defined product markets.