Herbert Hovenkamp, Apr 01, 2006
The success of the Areeda-Turner test for predatory pricing and the U.S. Supreme Court’s adoption of demanding proof requirements in its 1993 Brooke Group decision have made it very difficult for plaintiffs to win conventional predatory pricing claims. While many challenges to exclusionary pricing continue to be made, the legal theory has evolved away from classical predation to a variety of other theories. This paper examines the state of the law of both conventional predatory pricing and these recent variants and offers some recommendations.
Links to Full Content
Featured News
Canadian Breadmakers Settle Price-Fixing Lawsuit
Jul 25, 2024 by
CPI
EssilorLuxottica Open to Meta as Shareholder, Says CEO Francesco Milleri
Jul 25, 2024 by
CPI
California Supreme Court Upholds Proposition 22, Securing Independent Contractor Status for Uber and Lyft Drivers
Jul 25, 2024 by
CPI
Paramount Global Investor Sues to Block Skydance Media Merger
Jul 25, 2024 by
CPI
Software Vendors Win Class Action Status in Antitrust Case Against CDK Global
Jul 25, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Artificial Intelligence & Antitrust
Jul 24, 2024 by
CPI
On the Antitrust Implications of Embedding Generative AI in Core Platform Services
Jul 24, 2024 by
CPI
Generative AI Partnerships: Separating Good from Bad
Jul 24, 2024 by
CPI
Artificial Intelligence: A New Dimension for Competition?
Jul 24, 2024 by
CPI
Antitrust in the Age of Artificial Intelligence: Lessons from “I, Robot”
Jul 24, 2024 by
CPI