i'm trying to figure that out, what legal authority actually requires a government to satisfy your standard to block a merger. i think what i remember in our discussion, you cited these nonbinding horizontal merger guidelines that you used to come up with this test. >> well, you're looking at the effect on competition and what the supreme court has told us, at least from the late 1970s s to look at the effect on consumers and what's the effect on the prices for consumers. the theory of the district court, judge friedman in this case, was that the merger would not cause an increase in prices because they were competing in a broader market that included larger supermarkets that also sold organic food. the question was really, is there an organic food market solely or is there a broader supermarket market. that's what the case -- >> i know. i was just trying to get to where that new test came from. so in the second case, you also