![]() ![]() ![]() In any case in which a plaintiff must prove market power under section 1 or 2 of the Sherman Act or section 7 of the Clayton act, a requirement that the plaintiff demonstrate significant entry barriers in a particular market may make it difficult, if not impossible, to establish the elements of a successful antitrust claim. Usually, a consideration of entry barriers in a contemporary antitrust case will increase a plaintiff's burden and make it more difficult to prevail on a potentially meritorious federal antitrust claim. In other words, barriers to entry are utilized more as a makeweight than as a truly reliable or persuasive element of substantive antitrust analysis. ![]() ![]() The primary thesis of this piece is that contemporary antitrust cases often gloss over any real analysis of the existence or absence of entry barriers and simply make passing references to this alleged factor to justify a particular result. Entry barriers play an increasingly influential role in modern antitrust cases despite the fact that they are not mentioned in any of the statutes that govern jurisprudence in this important area of federal law. ![]()
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