A competitor (or group of them) may be accused of reducing prices below their own costs in order to eliminate other competitors. In addition to investigating the relationship of prices and costs, an evaluation of conduct determines whether the below-cost pricing has a dangerous probability of enabling the discounting firm(s) to drive out a significant number of rivals and attain a dominant or monopoly position. Damages are determined by the actual harm to the plaintiff’s business, compared to its likely financial condition in a marketplace in which competition occurs without the accused agreements.
Engaged to provide testimony and consulting for plaintiffs and defendants in exclusive dealing matters, including in the following industries.