The Antitrust Treatment of Unilateral Effects: A U.S. Perspective
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.
With a major set of hearings scheduled in the United States on the antitrust treatment of single-firm conduct, economists have an opportunity to provide analysis that informs policy. Yet, the opportunity will be lost if economic analysis does not provide insights into how to distinguish anticompetitive from pro-competitive behavior.
From the Editor
Firms with market power engage in a variety of business practices that harm their rivals. Under what circumstances should the antitrust laws condemn these practices because they will harm consumers?
The Antitrust Treatment of Unilateral Effects: An EC Perspective
This report argues in favour of an economics-based approach to Article 82, in a way similar to the reform of Article 81 and merger control.