Economic Issues in Assessing Potential and Nascent Competition

Potential and nascent competition have seen renewed interest from academics, antitrust practitioners, and United States enforcement agencies in recent years. For example, the Federal Trade Commission (“FTC”) focused on issues of potential competition during its Hearings on Competition and Consumer Protection in the 21st Century in 2018, as did the Organisation for Economic Co-operation and Development (“OECD”) during its 2020 Competition Meetings. The Antitrust Division of the U.S. Depar