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To: Elmer Phud who wrote (251956)	5/18/2008 11:35:13 PM
From: Sarmad Y. Hermiz	Read Replies (1) \| Respond to of 275872

>> The question is, who is this efficient supplier that we should use to set the baseline? According to a summary of court cases that I posted a while back, US courts use "average variable cost" (of the accused monopolist) as the base line. So the base line, in the US, will have a connection with reality. In Europe, the wording of the EC complaint seems to refer to a theoretical entity. I have no idea of the chances of this EC concept to withstand appeal. Or whether there is even any precedents in Europe to guide a decision. Time for a search.