United States Leading Case abuse of dominance

Brooke Group Ltd v Brown & Williamson Tobacco Corp

509 U.S. 209 (1993)

JurisdictionUnited States

CourtUS Supreme Court

Year1993

StatusBinding authority

Summary

Predatory pricing claim requires proof of below-cost pricing and a dangerous probability of recoupment of investment.

Key Principle

A predatory pricing claim requires proof that prices were below an appropriate measure of cost and that the competitor had a dangerous probability of recouping its investment.

Area of Law

competition

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