1. This was a motion for a preliminary injunction that was on appeal. Why was it important to identify which market the PNOS competed in?
2. The court made it a point to mention that when Whole Foods did their comparison they used dry goods, but their distinction was in produce. What point was the court making in pointing this out? What did it say about their expert?
3. Determining the market in which you compete largely determines whether your merger will be contested by the FTC. For this purpose, is it better to be in a large market or a small one?