Abstract

The use of below cost pricing in order to exclude competitors from relevant markets has been a valuable means from which firms have benefited, in the past, in the presence of appropriate structural and economic market conditions. Despite predatory pricing discipline has been subjected, over time, to major changes in legislation, is still evident that the lawfulness principle of low pricing developed in the common law, particularly in the Mogul Staemship case, has considerably affected the development of the U.S. antitrust law.