The “Interesting” Market Definition Awards
Some of our most successful recent posts have had to do with competition competitions and legal awards. Given
that it’s particularly busy and we don’t have time to write something more substantive this interest, we have decided to give awards to the smallest, most absurd or for-whatever-reason funny market definitions used or attempted in competition cases (all jurisdictions count).
In order to get the ball rolling, here are my examples:
–The relevant market for “Bar Mitzvah tours of Israel” discussed in this 1995 7th Circuit Opinion that starts this way: Bar mitzvah tours of Israel. That is the market defined for the antitrust claim in this case. It is an absurd market definition”.
-The relevant market of “Asterix at the Olympic Games” upheld by Austria’s Supreme Court, which noted that any film could constitute a market of its own (see here)
-The one that we discussed in the post “We owe you an apology” (adult-content warning) (the bold is to make sure you
–Licenseable ope…sorry, no ongoing cases.
-In this case the funny thing is not so much the market but the alleged dominant entity: the Cistersian congregation of the Immaculate Conception was found to be dominant in the maritime route linking the continent and the isle of Saint Honorat. The congregation had apparently refused to authorize third parties to provide additional transport services. The French competition authority dismissed allegations of unlawful abuse. It found that the limitation of tourists was objectively justified by the necessity to preserve the quietness of the monks. No kidding. See here.
Your contributions will be much appreciated!
P.S. The Bed of Procrustes (tailored to fit its occupant) is pictured above