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

38 min • 31 mars 2025

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.

With special guest:

Keith Klovers, Counsel, Latham & Watkins LLP