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#319 Can We Define Overlapping Markets? Understanding the Legal and Economic Arguments

https://ourcuriousamalgam.com/episode-player/3371/319-overlapping-markets.mp3?stats-code=ocaPodcastSite
Keith Klovers, Counsel, Latham & Watkins LLP

Market definition plays a central role in antitrust analysis. Is it appropriate for the U.S. antitrust agencies to identify “overlapping markets” and “submarkets” as relevant markets for antitrust purposes? Keith Klovers, Counsel at Latham & Watkins and former advisor to FTC commissioners Christine S. Wilson and Maureen K. Ohlhausen, talks to Blair Matthews and Anora Wang about why, in his view, the concepts of overlapping markets and submarkets are unsupported by judicial law and economics. Listen to this episode to learn about the alternative approach to market definition that Keith and other practitioners believe are better suited for antitrust analysis.

Keith Klovers, Counsel, Latham & Watkins LLP

Related Links:

Keith Klovers & Jonathan Jacobson, The Overlapping Markets Fallacy, 86 Antitrust Law Journal No. 2 (ABA 2024)

Hosted by:

Anora Wang, Arnold & Porter Kaye Scholer LLPĀ and Blair West Matthews, Cleary Gottlieb


Posted On March 31, 2025

Posted By Our Curious Amalgam

Posted In Antitrust Market Definition PRACTICES

Tagged antitrust economics overlapping markets relevant market definition submarkets U.S. Merger Guidelines

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Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

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