The Law and Economics of Predatory Pricing

摘要: This chapter reviews the law and economics of predatory pricing. Areeda Hovenkamp (2006, 323) noted that other areas monopolization are "in much same position as theory pricing was in 1970s: no shortage theories, but a frightening inability courts to assess them." In past two decades, scholarship on has evolved from relatively settled consensus which thought be irrational, rarely tried, even more successful, point where less is settled. Recent theoretical work emphasizing strategic shown predation can rational, empirical studies have presented evidence consistent with successful predation. this sense, moved closer monopolization. However, legal response pricing, administrable permissive rule based part assumption rare, remained intact. While recent economic literature may eroded basis for adoption standards reasons adopting such rule, benefits bright line rules would by courts, still remain. Thus, considering advances theory, it unwise minimize or ignore underlying purpose Brooke Group rule.