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Expert Analysis

6th Circ. Ruling On Geographic Market Could Have Done More

Law360, New York (March 18, 2014, 1:27 PM EDT) -- The Sixth Circuit Court of Appeals has significantly advanced the analytical framework for determining the geographic market in antitrust cases with its recent decision, In re Southeastern Milk Antitrust Litigation ("Dean Foods"), 739 F.3d 262 (6th Cir. 2014). It did so by holding that the "hypothetical monopolist" test used in merger analysis can, in certain circumstances, be practically the same as the Supreme Court's test in Tampa Electric Co. v. Nashville Coal Co., 365 U.S. 320 (1961). The Sixth Circuit's decision in this regard makes a great deal of sense; the question is whether it went far enough....

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