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Professor of Public Policy and Corporate Management in the Aetna Chair, Emeritus

Abstract

This paper by Harvard University’s F. M. Scherer traces the historical antecedents of the 1982 Merger Guidelines SSNIP (small but significant and non-transitory increase in price) approach to market definition. Surveying the prior literature, it recognizes that the person believed to have proposed the approach was Morris Adelman. The author claims a second-mover slot for his testimony in a 1972 brewing merger case, the IBM case, and the Marathon-Mobil case of 1981, along with a 1980 restatement of market definition principles in his industrial organization textbook. Intermediate contributions are also surveyed.

Citation

Scherer, F.M. "On the Paternity of a Market Delineation Approach." American Antitrust Institute Working Paper 09-01, January 2009.