72. See essentially Baker Bresnahan, supra mention 36, on 5 (listing you to problems with bookkeeping profits otherwise mark-ups methods “loom[s] thus higher you to antitrust now does not count heavily for the earnings measures for making inferences from the markets stamina”); Richard Schmalensee, Another Take a look at Industry Energy, 95 Harv. L. Rev. 1789, 1805 (1982) (sharing “significant difficulties with using success to evaluate business strength”).
P. Lerner, The concept of Dominance and Dimensions off Monopoly Fuel, step 1 Rev
74. Get a hold of fundamentally George J. Benston, Bookkeeping Number and you will Monetary Thinking, twenty seven Antitrust Bull. 161, 16266 (1982); Franklin Yards. Fisher John J. McGowan, Toward Punishment off Accounting Cost regarding Come back to Infer Dominance Profits, 73 Are. Econ. Rev. 82, 8284 (1983) (noting you to definitely basic accounting services regarding capital and you can decline are improper for deciding an excellent company’s financial rate off return).
76. Pick fundamentally Bailey v. Allgas, Inc., 284 F.three-dimensional 1237, 125255 (11th Cir. 2002); Areeda mais aussi al., supra note step 1, ¶ 516f; Margaret Sanderson Ralph An excellent. Cold weather, “Profits” In place of “Rents” for the Antitrust Data: A software towards the Canadian Waste Properties Merger, 70 Antitrust L.J. 485, 510eleven (2002).
Timber, “Unfair” Trade Burns off: A competition-Founded Means, 41 Stan
79. Select Dennis W. Carlton, Do Antitrust Must be Modernized?, J. Econ. Persp., Summer 2007, during the 155, 164 (“As monopolistically competitive firms possess some sector power in the same way that speed is higher than limited prices, allegedly the latest departure anywhere between rates and you may marginal prices . . . Read more