Proof of market

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"The "any part" clause, however, applies to charges of monopolization as well as to attempts to monopolize, and it is beyond doubt that the former requires proof of market power in a relevant market."[1]

How to Gain Proof of Market[edit | edit source]

"The recommendation is to apply the MVP or ”minimal viable product” principle which means you take a simple model of your main product and / or service offering and get it to the target market immediately. The intent of doing this is to acquire quick feedback for necessary developments and evidence that the market exists. Also, to really get a taste of this market, hit the streets and ask potential clients."[2]

"As soon as you have proof of market for your company via earnings and proof of cash received via company bank statements, include these documents in the company financing package. Show how the business loan will enhance the capability to gain more market share or increase profit margins through business development."

Market power[edit | edit source]

Exploitative "pricing abuses may arise not only under conditions of monopoly, where a single dominant company abuses its market power but also in markets jointly dominated by several actors (oligopoly)."[3]

"Besides the usual model-estimation errors and additional stochastic influences not captured by the regression, the difference is likely to occur due to the fact that we do not explicitly model competition between the players of the dominant group. In order to capture this, we could use an oligopoly model with a competitive fringe, rather than a quasi-monopoly model, but that would complicate the mathematics significantly."[4]

"It can be difficult to determine how and under what conditions a dominant group of physicians can profitably extend market power from one market to another."[5]

See also[edit | edit source]

References[edit | edit source]

  1. Quoted in the Spectrum opinion, along with the following citations:
    United States v. Grinnell Corp., 384 U.S. 563, 570-571, 86 S.Ct. 1698, 1704, 16 L.Ed.2d 778 (1966); United States v. E.I. du Pont de Nemours & Co., 351 U.S. 377, 404, 76 S.Ct. 994, 1012, 100 L.Ed. 1264 (1956).
    These citations were followed by this footnote:
    Lessig cited United States v. Yellow Cab Co., 332 U.S., at 226, 67 S.Ct., at 1564-1565, in support of its interpretation, but Yellow Cab relied on the "any part" language to support the proposition that it is immaterial how large an amount of interstate trade is affected, or how important that part of commerce is in relation to the entire amount of that type of commerce in the Nation.
  2. Markus Boehm (October 20, 2019). "Strengthening Your Business Financing with Proof of Market". BXNO. Retrieved 15 December 2019.
  3. Alla Pozdnakova (2010). "Excessive Pricing and the Prohibition of the Abuse of a Dominant Position Under Article 82 EC". World Competition: Law and Economics Review 33 (1): 121-39. Retrieved 2015-03-01. 
  4. Matthias Janssen and Magnus Wobben (May 2009). "Electricity pricing and market power: Evidence from Germany". European Transactions on Electrical Power, Special Issue: Power Economics 19 (4): 591-611. doi:10.1002/etep.348. Retrieved 2015-03-01. 
  5. M Black, J Langenfeld (1994). "Economic Theories of the Potential Anticompetitive Impact of Physician-owned Joint Ventures". Antitrust Bulletin 39 (20). Retrieved 2013-10-10.