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Practical Indicia Guide Market Power
Courts are reevaluating antitrust cases by focusing on practical indicators of market power rather than purely economic or mathematical models. Studies, such as one from Google, show consumer behavior reveals a lack of awareness in switching defaults, indicating a strong market influence. The discussion references historical cases like Brown Shoe, emphasizing the need to understand the real marketplace dynamics. There’s a shift towards recognizing how businesses allocate advertising budgets distinctly rather than substitutable across platforms, suggesting a comprehensive approach integrating various factors to assess market power effectively.