March 31, 2026
The Market Definition Trap: New Article from Econ One’s Hal Singer
Econ One Managing Director Hal Singer has authored a new article, “The Market Definition Trap,” examining how disputes over market definition can shape outcomes in antitrust litigation.
The article explores how defendants increasingly leverage market definition as a strategic battleground, shifting focus away from the core question of competitive harm. In modern antitrust cases, particularly under the rule of reason, plaintiffs are often required to establish market power, which can turn litigation into a complex and resource-intensive debate over how markets are defined.
By emphasizing these procedural and evidentiary dynamics, the article highlights how market definition can become dispositive in practice, even before the merits of alleged anticompetitive conduct are fully examined. This evolving landscape has important implications for litigants, courts, and economic experts involved in competition matters.
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