… , because a predatory pricing claim asserts that a low price is … that a predatory pricing claim
asserts that a price is too low. … Baumol price freeze is a specialized rule for predatory pricing. …

… Many judges and scholars, however, believe that predatory pricing … 2 predatory pricing
claims. The recoupment element requires an antitrust plaintiff bringing a predatory pricing claim to …

… The Court emphasized the need to consider both the defendant's share of market capacity
and barriers to entry in evaluating a predatory pricing claim. First, the defendant's twenty-one …

… predatory pricing, and federal courts are currently very hostile toward predatory pricing
claims. … two-part test to predatory pricing claims: the allegedly predatory price must fall below (…

… It therefore held that the "two prerequisites" applicable to a predatory pricing claim under
Section 2 of the Sherman Act34—a rival's sales at prices below costs and likely recoupment—"…

… not be a requirement for a predatory pricing claim, Part I will explain … predatory pricing.
Part II will demonstrate why above-cost pricing should not create per se legality for a predatory …

… with us about the danger that predatory pricing claims will be used to stifle legitimate …
realworld claims of predatory pricing can sensibly be analyzed only by comparing the price to the …

… inquiry, a review of predatory pricing's role in antitrust law is essential. Most predatory pricing
claims cognizable under the federal antitrust laws fall into one of two patterns. In the most …

… Nowhere do we claim that Matsushita was an instance of predatory pricing. We cite the case
mainly for its broad pronouncements that have influenced subsequent decisions. We make …

… This Article takes the first element monopoly power as given and focuses on those
components that are unique to a predatory pricing claim: below-cost pricing and a dangerous …