LAW 642 Lecture Notes - Lecture 20: Consumer Protection, Predatory Pricing
30 May 2020
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Intent: although specific intent is technically required, there is very rarely legitimate business reason for anticompetitive behavior, so intent is usually inferred: attempted monopoly requires a dangerous probability of achieving monopoly. Grinnel rule: monopoly offense requires: possession of monopoly power and, the willful acquisition and maintenance of that power, as distinguished from growth/development as a consequence of superior product, business acumen or historical accident. 2 later qualified to limit to monopoly acquisition or maintenance achieved through acts not on competitive merits, or those which do not have procompetitive benefits for consumers (again, notice increasing consumer welfare focus). Indeed the trinko court explicitly allowed the charging of monopoly prices in the absence of bad acts in the acquisition of maintenance of monopoly power. Right to refuse to deal: there is a general principle in us law that firms have the right to choose who they do and do not deal with. This was asserted here as a defense, but the.
