The Paradox of Predatory Pricing

Predatory pricing is an antitrust paradox. In concept, the conduct is plainly anticompetitive, yet no predatory pricing case has resulted in an injunction or treble damages for over a generation. This article addresses two ways of restructuring U.S. law to improve the situation. The first approach would eliminate the first Brooke Group requirement and allow plaintiffs to challenge above-cost pricing. The second approach would drop the other Brooke Group requirement and allow plaintiffs to challe