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The Dark Side of the Fare Wars: The Sixth Circuit Takes a Fresh Look at Predatory Pricing Claims Under Section 2 of the Sherman Antitrust Act

It is a truism that public policy favors robust competition and that consumers generally benefi t from lower prices as a result. Consequently, “predatory pricing claims present particularly diffi cult questions given that price  cutting is one of the socially desirable forms of competition that the antitrust laws seek to promote.” For well over a century, federal law has prohibited the establishment of and attempts to establish monopolies in  interstate trade and commerce. Section 2 of the Sherman Antitrust Act (“Section 2”) prohibits “Monopolization” and states....