Critical Loss: Not Implementing the Hypothetical Monopolist Test!

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Gregory Werden, Apr 10, 2008

I recently argued in this magazine that a style of critical loss calculation I termed “CLAD” (Critical Loss Analysis by Defendants) does not properly implement the hypothetical monopolist test (HMT) for market delineation and is often highly misleading. I argued that CLAD should be excluded under Rule 702 of the Federal Rules of Evidence on the grounds that it ignores essential demand, co