Antitrust law
How to assess combined market shares and competition effects where firms operate across multiple overlapping product markets.
This article explains robust methods for evaluating how joint market shares create competitive dynamics when firms compete across several intersecting, overlapping product markets, highlighting practical steps, data challenges, and legal considerations for enforcement agencies and practitioners.
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Published by Paul Evans
July 18, 2025 - 3 min Read
In enforcement practice, understanding combined market shares demands a disciplined approach that accounts for the multidimensional nature of competition within overlapping product markets. Analysts begin by mapping each product market with clarity about its boundaries, customer base, and substitute possibilities. Then they identify the organizations that influence pricing, innovation, and capacity decisions across those markets. Rather than treating markets in isolation, practitioners examine how a single firm’s presence in one market can affect outcomes in another, creating a cascade effect on prices, quality, and access. Data quality, consistency, and transparent assumptions are essential to ensure credible conclusions for policy and litigation.
The assessment proceeds by constructing a robust framework that links market definition, concentration measures, and competitive effects. First, define the multi-market landscape, specifying which goods, services, and channels are relevant to each market while noting cross-market dependencies. Next, quantify market shares not as isolated percentages but as a vector of shares across markets for each firm, then compute joint shares relevant to any merger or conduct concern. Analysts must also consider potential eliminations of alternatives, barriers to entry, and the capacity of rivals to respond quickly across markets when evaluating competitive intensity.
Data challenges shape the reliability of every assessment.
A core step is to delineate product markets with precision, recognizing that consumer choices often cross product lines. Analysts map which products compete for the same dollars, whether substitutes exist, and how demand responds to price changes across markets. This boundary setting shapes subsequent calculations of concentration, market power, and potential foreclosure effects. It is crucial to document the rationale for market definitions, including the elasticity of demand, cross-price effects, and any regulatory constraints that limit substitution. Clear boundaries support robust simulations and credible mitigation or enforcement decisions.
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Beyond definitions, the analysis turns to how firms allocate resources across markets and how such allocation affects competition. When a firm holds strong positions in several markets, its combined influence can deter entry, coordinate pricing, or slow innovation in interconnected areas. The assessment must measure not only individual market shares but also the holistic impact on consumer welfare and competitive dynamics. Scenarios should test whether a merger or takeover would amplify market power across products, potentially leading to higher prices or reduced quality for overlapping customer segments.
Effects of coordination and foreclosure across markets.
Data collection for multi-market analysis requires careful harmonization across sources, time periods, and definitions. Economists gather firm-level financial data, product-level sales, price histories, and customer demand indicators, then align them to a common framework. Gaps in data can distort the estimated combined market shares and the inferred competitive effects, so teams document missing values, imputation strategies, and sensitivity analyses. It is also vital to reconcile antitrust-relevant data with confidential information where appropriate, using anonymization and aggregation to preserve privacy while enabling rigorous scrutiny of cross-market interactions.
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The reliability of conclusions improves when analysts apply both descriptive and structural methods. Descriptive indicators reveal how market shares evolve, while structural models simulate how different competitive scenarios would unfold under various assumptions. For multi-market contexts, models should capture cross-elasticities, substitution patterns, and the possibility of strategic behavior by rivals across markets. Scenario analysis helps decision-makers understand the bounds of plausible outcomes, including best- and worst-case effects on consumer welfare, entry dynamics, and efficiency gains or losses from coordination across product lines.
Methods to measure welfare and competitive effects.
A central concern in multi-market assessments is whether firms can coordinate behavior more effectively when operating across overlapping product markets. Coordination risk arises because rivals may use information from one market to influence pricing or output in another, amplifying the impact of strategic decisions. Analysts test for evidence of tacit collusion, synchronized price movements, or mutual restraint in areas with common customers. They also examine conditions that would support or undermine coordination, such as the opacity of markets, product differentiation, and the speed of adjustment in supply chains, which collectively shape the likelihood and magnitude of anticompetitive outcomes.
Foreclosure analysis focuses on how ownership or control across markets can restrict rivals’ access to customers, inputs, or distribution channels. When a firm has a dominant presence in multiple product lines, it might constrain a competitor’s ability to gain traction in any one market, thereby dampening competitive pressure overall. Analysts assess both direct and potential foreclosure channels, including exclusive dealing, bundling, and exclusive platforms. The evaluation weighs whether foreclosure would meaningfully harm consumer welfare by raising prices, reducing quality, or limiting innovation, while accounting for potential efficiencies that might offset some downsides.
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Turning findings into policy or enforcement actions.
Welfare analysis integrates price effects, output changes, and quality enhancements or reductions across linked markets. Analysts translate changes in market structure into observable consumer outcomes, such as price levels, product variety, and service standards. They also consider dynamic effects, like investments in research and development or capacity expansions that might benefit consumers in the long run. The goal is to determine whether any consolidation or coordinated behavior across markets would improve welfare through efficiency gains or diminish it by reducing competitive pressure, with attention to distributional consequences for different customer groups.
Practical measurement often combines counterfactual simulations with empirical benchmarks. Counterfactuals explore what would happen under a hypothetical competitive benchmark or regulatory intervention, while benchmarks compare observed outcomes to similarly situated markets. Multi-market contexts require careful control for confounding factors, such as macroeconomic conditions, regulatory changes, or technological shifts that influence demand and supply across markets. The analysis should present a transparent narrative about assumptions, limitations, and the degree of certainty attached to projected welfare impacts and competitive dynamics.
Translating multi-market insights into policy requires clear, well-supported recommendations. Decision-makers need a concise articulation of whether the evidence supports a competitive concern, and if so, which instrument—merger clearance conditions, behavioral remedies, or structural adjustments—would be most effective. The recommendations should specify the scope of remedies, monitorable metrics, and timelines for evaluating success across the affected product markets. Communicating the rationale in accessible terms helps stakeholders understand the implications for pricing, innovation, and consumer choice as markets evolve.
Finally, practitioners should maintain ongoing vigilance as markets and technologies evolve. Regular reassessment using updated data, new products, and changing consumer preferences ensures that conclusions remain relevant. Multi-market competition analysis benefits from collaboration among economists, lawyers, and industry experts to anticipate cross-market effects and refine methods. By building adaptable models and transparent reporting practices, agencies and firms can better identify competitive threats, design effective interventions, and protect welfare in complex, overlapping product markets.
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