competition in a market in their incipiency
, (109) and was concerned
The best Khan has to offer is that the Chicago view of predation fails the "incipiency
test" in antitrust law: it fails to nip monopoly in the bud and instead waits for it to develop (if it does) (2017,738).
If that is likely, then the merger is unlawful under the Clayton Act's incipiency
standard, which condemns mergers that realistically threaten to lessen competition.
(51) In light of the "incipiency
" language of Section 7, the burden on the plaintiff to show likely anticompetitive effects on balance is reduced.
aggressively purchase AI startups in their incipiency
to ensure primacy
Khanna pointed to a (https://supreme.justia.com/cases/federal/us/384/270/) 1966 Supreme Court case over a grocery merger, in which the court ruled that antitrust law was designed "to preserve competition among small businesses by halting a trend toward concentration in its incipiency
." He said that affirmed regulators' right to scrutinize how mergers would affect not only prices, but also other economic factors like wages.
316, 322 (1966) (holding that the FTC may go further than the reach of the Sherman Act and "stop in their incipiency
acts and practices which, when full blown, would violate those Acts" (quoting FTC v.
that Section 7's incipiency
standard ("may be substantially to
(131.) It might also be desirable to eliminate section 2's incipiency
Conduct that enhanced market power was not stopped in its incipiency--and in the merger context, incipiency
is often the only viable stage for intervention.
(109) Probability neglect may cause incumbents to discount the competitive dangers posed by a new entrant, thus accommodating entry when aggressive competition targeting the entrant in its incipiency
, though costly in the short run, would reap dividends later.