• Supreme Court Holds that Predatory Pricing Standards Apply to Predatory Bidding Claims
  • September 18, 2008 | Authors: Jonathan Gleklen; John Hutchins
  • Law Firm: Arnold & Porter LLP - Washington Office
  • In 1993, the Supreme Court held in Brooke Group v. Brown & Williamson Tobacco Corp, 509 U.S. 209 (1993), that selling at a low price cannot be an act of monopolization - cannot constitute predatory pricing - unless the price is below an appropriate measure of cost and the evidence shows that there is a dangerous probability that the firm engaged in predation can recoup its investment in below-cost pricing. www.arnoldporter.com