1.  While nothing in existing antitrust law specifically forbids Santa Claus to give away gifts at no cost to the recipient, the sheer volume of gifts emanating from Claus' North Pole compound simply overwhelms all other sources; consumers are forced to accept that the vast majority of gifts they receive will come either from Santa Claus, or from subordinate Clauses acting as surrogates under license.

2.  Though Chanukah and Kwanzaa survive and even thrive in the current marketplace, their partisans are subjected to considerable pressure by the Claus operation. Further, while no one questions the viability of Chanukah, which has a long history of its own, or of Kwanzaa, which is newer but which has the backing of an enthusiastic minority of consumers, relatively few of Santa Claus' customers can be expected to convert to these alternatives, which have substantially different system requirements. Santa Claus thus retains market share by reason of sheer inertia.

3.  Constant advertising by Santa Claus and by Claus affiliates, concentrated in the last five weeks of the year when retail sales are the highest, serves to create artificial demand for the very gifts which Santa Claus distributes. Chanukah and Kwanzaa, in an effort to remain visible during these periods, have staked out positions near the edges of the Claus campaigns — Chanukah's peak period, while it fluctuates somewhat, is often near the beginning of the Claus blitz, as it was in 1999, while Kwanzaa opts for positioning itself toward the end — but in between, consumers are deluged with wave after wave of Santa Claus material.