#319 Can We Define Overlapping Markets? Understanding the Legal and Economic Arguments

from Our Curious Amalgam · host American Bar Association

Market definition plays a central role in antitrust analysis. Is it appropriate for the U.S. antitrust agencies to identify "overlapping markets" and "submarkets" as relevant markets for antitrust purposes? Keith Klovers, Counsel at Latham & Watkins and former advisor to FTC commissioners Christine S. Wilson and Maureen K. Ohlhausen, talks to Blair Matthews and Anora Wang about why, in his view, the concepts of overlapping markets and submarkets are unsupported by judicial law and economics. Listen to this episode to learn about the alternative approach to market definition that Keith and other practitioners believe are better suited for antitrust analysis. With special guest: Keith Klovers, Counsel, Latham & Watkins LLP Related Links: Keith Klovers & Jonathan Jacobson, The Overlapping Markets Fallacy, 86 Antitrust Law Journal No. 2 (ABA 2024) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Blair West Matthews, Cleary Gottlieb

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This episode was published on March 31, 2025.

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