Predatory Conduct Under Section 2 of the Sherman Act: Do Recent Cases Illuminate the Boundaries?
Winter 2006
This article is reprinted with permission from the Winter 2006 issue of the Journal of Corporation Law.
Predatory conduct by firms with market power has been the subject of recent major litigation both by the government and private parties, and has also been the subject of recent economic scholarship. This article examines whether the ultimate result of this litigation and scholarship will mark new boundaries for the conduct of firms with market power. Whether new boundaries are clear or not, antitrust practitioners and corporate counsel must carefully weigh the antitrust risks entailed by business strategies designed to entrench or to exploit market power. Although the most well-known example of such there are many other cases that raise similar issues....
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