Antitrust Column & Publications

High Barrier for Predatory Buying Claims

Date: 03/22/07

Source: The New York Law Journal. Reprinted with permission.

The U.S. Supreme Court ruled that below-cost pricing and likely recoupment are necessary elements of predatory bidding claims under the antitrust laws. The New York Court of Appeals decided that state antitrust law claims seeking treble damages cannot be brought as class actions.

032207_High Barrier for Predatory Buying Claims.pdf (pdf | 186.68 KB )