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Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary
Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary
Washington and Lee Law Review
Recent decisions-all relying on a stylized example first provided by the Ortho court-hold that a multi-product seller that uses a bundled discount in a way that excludes an equally or more efficient competitor engages in predatory bundling. According to these decisions, a bundle can be considered 'predatory" even when the price of the bundle exceeds its cost. This Article shows that the Ortho court's stylized example and its monopoly leveraging theory are erroneous. This Article further demonstrates that even when a bundle's price excludes more efficient competitors and even when a component in the bundle is priced below cost, and …
The Predatory Pricing Puzzle: Piecing Together A Unitary Standard, Kimberly L. Herb
The Predatory Pricing Puzzle: Piecing Together A Unitary Standard, Kimberly L. Herb
Washington and Lee Law Review
No abstract provided.