This moves the problem of defining a market to defining a submarket.
Please don't interpret this as my being facetious. In the days of good and services being sold to consumers, we had metrics to measure this. The government measured and the courts incorporated said metrics into antitrust law. Those measures don't work well in the digital era. These cases are about proposing new measures and getting them to stick.
Mind bogglingly, the FTC didn't propose such a metric. That's why its complaint was dismissed. I'm curious to see what they propose, if anything.
This moves the problem of defining a market to defining a submarket.
Please don't interpret this as my being facetious. In the days of good and services being sold to consumers, we had metrics to measure this. The government measured and the courts incorporated said metrics into antitrust law. Those measures don't work well in the digital era. These cases are about proposing new measures and getting them to stick.
Mind bogglingly, the FTC didn't propose such a metric. That's why its complaint was dismissed. I'm curious to see what they propose, if anything.