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When defining the relevant market, product and geographic aspects must be
considered. The relevant product market should focus on finding acceptable
interchangeable products that consumers would move to based on price, use, and
quality. Supply-side substitutability occurs when companies can easily switch
markets. When defining the geographic market, it is important to consider all of the
physical territories where consumers could easily move to find alternative sources of
supply if costs rose or there was another market constraint. If there was another
market constraint, consumers could move to these areas to find alternative supplies.
Market share is another important factor when proving US dominant power. A "bright
line" test, in which a market share of 50% or more is sufficient proof of monopoly
power, is still used by many lower courts, but some industry experts have criticised it
as too simplistic. Despite many lower judges using it. The Department of Justice and
the Federal Trade Commission agree that market share is only one of many factors to
examine when determining monopoly power. The size and number of established
rivals, the market's dominance, the ease with which new businesses can join the
market, and market concentration are other factors to consider.