The Role of Recoupment in Predatory Pricing Analyses.

From: Stanford Law Review | Date: July 1, 2001| Author: | Copyright information

I. INTRODUCTION

Predatory pricing is a classic problem in antitrust enforcement. As with other areas of antitrust regulation, successful enforcement requires a court to identify and deter anti-competitive conduct, without deterring good conduct in the process. But predatory price cuts are particularly hard to distinguish from vigorous competition. And a court that bans a given price cut improvidently may chill the very conduct, price competition, which antitrust laws try to promote.

U.S. antitrust doctrine is extremely skeptical about predatory pricing, and federal courts ...

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