This article will discuss technological capacity, an economic consideration to which some courts seem to give insubstantial consideration in challenges to section 7 of the Clayton Act. If courts consistently evaluated evidence of technological capacity, section 7 could be more effective in prohibiting mergers that have the effect of lessening competition in an economically significant market.
Note, Defining Market under the Clayton Act: Consideration of Technological Capacity, 28 Clev. St. L. Rev. 667 (1979)