| | SSRN-Stopping Above-Cost Predatory Pricing by Aaron Edlin |
 | | Since 1993 when the Supreme Court decided Brooke Group, no predatory pricing plaintiff has prevailed in a final determination in the federal courts. |
 | | Under existing interpretations of the Sherman Act, American can price very high, so high that entry would be attractive to even higher cost firms, except that once they do enter, American can use its advantages to make sure that entrants lose money without American losing money. |
 | | This article proposes an interpretation of Sherman Act section 2 that would give monopolies the incentive to price low in the first place, before entry, because under this interpretation they are not allowed to drive firms from the market after entry. |
| papers.ssrn.com /sol3/papers.cfm?abstract_id=269162 (411 words) |