The Art of the Antitrust Counselor: Strategies or Methodologies


The Art of the Antitrust Counselor: Strategies or Methodologies

When approaching an antitrust case, as the foregoing indicates, the counselor seeks to understand the clients business objectives (which often involve having a firm grasp of manufacturing, marketing and financial facts relating to that client). It is an intrinsic part of antitrust counseling to determine the pro-competitive reason for a transaction or business conduct, including how it may ultimately benefit consumers (by, e.g., improving product quality, lowering costs, lowering prices, leading to more effective or expanded distribution). Antitrust principles are always applied in the context of a particular situation, so it is helpful to understand the client's specific industry and market.

In industries where there are only a few sellers collectively holding a large market share, the antitrust expert may be asked to help ensure that the client does not engage in conduct suggesting (accurately or not) that the firms in that industry are engaged in collusive or exclusionary conduct. Having a large market share or being in an industry with a few sellers by itself is not illegal. But these conditions often present a situation in which the client should exercise particular care, and in certain situations the legality of a particular business strategy may turn on whether the sellerclient has substantial market power.




Inside the Minds Stuff - Inside the Minds. Winning Antitrust Strategies
Inside the Minds Stuff - Inside the Minds. Winning Antitrust Strategies
ISBN: N/A
EAN: N/A
Year: 2004
Pages: 102

flylib.com © 2008-2017.
If you may any questions please contact us: flylib@qtcs.net