She (Judge Cote) rejects these arguments for a variety of reasons, including the reasoning that «even if Amazon was engaged
in predatory pricing, this is no excuse for unlawful price - fixing.»
DOJ claims that it closely examined allegations that Amazon engaged
in predatory pricing, and found persuasive evidence lacking.
The decision came after Coles was taken to the commission on fears that the price reductions, which kick - started a price war with rival Woolworths, was engaging
in predatory pricing which would affect dairy farmers.
Coles denies engaging
in predatory pricing, claiming it has not been selling milk at a loss (which is required for a successful action under the Birdsville Amendment, although it is not a pre-requisite under the standard misuse of market power provision, which might also found a claim for predatory pricing).
For example, the dominant firm buying up all available land, restricting supplies of essential materials, engaging
in predatory pricing, or tying up customers in long - term contracts with anti-competitive rebates.
Not exact matches
The problem, though, is the
predatory price gouging that Clinton references
in the ad has already been stopped.
In 1914 Congress enacted the Clayton Act55 to strengthen the Sherman Act and included a provision to curb price discrimination and predatory pricing.56 The House Report stated that section 2 of the Clayton Act was expressly designed to prohibit large corporations from slashing prices below the cost of production «with the intent to destroy and make unprofitable the business of their competitors» and with the aim of «acquiring a monopoly in the particular locality or section in which the discriminating price is made.&raqu
In 1914 Congress enacted the Clayton Act55 to strengthen the Sherman Act and included a provision to curb
price discrimination and
predatory pricing.56 The House Report stated that section 2 of the Clayton Act was expressly designed to prohibit large corporations from slashing
prices below the cost of production «with the intent to destroy and make unprofitable the business of their competitors» and with the aim of «acquiring a monopoly
in the particular locality or section in which the discriminating price is made.&raqu
in the particular locality or section
in which the discriminating price is made.&raqu
in which the discriminating
price is made.»
While
predatory pricing technically remains illegal, it is extremely difficult to win
predatory pricing claims because courts now require proof that the alleged predator would be able to raise
prices and recoup its losses.405 Revising
predatory pricing doctrine to reflect the economics of platform markets, where firms can sink money for years given unlimited investor backing, would require abandoning the recoupment requirement
in cases of below - cost
pricing by dominant platforms.
The decision of whichproduct market
in which Amazon may choose to raise
prices is also an open question — and one that current
predatory pricing doctrine ignores.
However, even this strategy has skeptics.324 While established brick - and - mortar retailers like Target have tried to lure online consumers through discounts and low delivery costs, 325 Amazon remains the major online seller of baby products.326 Although Amazon established its dominance
in this market through aggressive
price cutting and selling steeply at a loss, its actions have not triggered
predatory pricing claims.
In addition to the concern about lenders» strong incentives to offer
predatory loans, they argue that such «teaser» payment loans have the risk of boosting housing bubbles as they are popular with both borrowers and lenders, who expect housing
prices to continue to rise during bubbles.
Chairman of the Dairy Farmers Milk Co-op, Ian Zandstra has claimed the supermarkets must be more transparent and that it is for them to prove they have not engaged
in loss leading or
predatory pricing; while this may be useful for PR purposes, it's clearly not their legal obligation.
In «Farmers backed in Coles milk battle» (Herald Sun, 5 April 2011), Matt Johnston claims that the Australian Dairy Farmers group «is canvassing financial support to bankroll a case against Coles, accusing the supermarket giant of predatory pricing»
In «Farmers backed
in Coles milk battle» (Herald Sun, 5 April 2011), Matt Johnston claims that the Australian Dairy Farmers group «is canvassing financial support to bankroll a case against Coles, accusing the supermarket giant of predatory pricing»
in Coles milk battle» (Herald Sun, 5 April 2011), Matt Johnston claims that the Australian Dairy Farmers group «is canvassing financial support to bankroll a case against Coles, accusing the supermarket giant of
predatory pricing».
The article also notes that farmers allege there is a «prima facie case of
price discrimination» between private labels and processor brands (although given
price discrimination is not illegal
in itself, the relevance of this appears to be
in providing anti-competitive purpose rather than founding a separate cause of action) and that they believe Coles» actions constitute
predatory pricing.
At the last minute the bill was amended to provide for a drastic new provision relating to
predatory pricing (referred to as the «Birdsville amendment» after the pub
in which it was supposedly conceived by Senator Barnaby Joyce).
In introducing the amendment Senator Brandis was quick to point out that, while many held the view that the existing provisions of s 46 were «sufficiently broad to deal with the problem» of
predatory pricing, these amendments were proposed «out of a sense of abundant caution» (Senate Hansard p 10, 17 Sept).
In relation to
predatory pricing, the Report noted that the «ACCC was not presented during the inquiry with examples of conduct that would appear to constitute
predatory pricing.
Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test),
predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to
predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of public interest test for boycott approvals
in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission
in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use
price monitoring powers to «monitor
prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.
Mr Bezzi: «Having said that, we have had one successful
predatory pricing case that we concluded
in recent months, which we are very pleased about - I have to put this on the record.
We feel that the result we got
in that was a very good result and it sent a strong signal to industry that we are serious about pursuing
predatory pricing cases.
Zumbo then notes that the ACCC claims to have no evidence of
predatory pricing (
in the terms required by the Act) and then claims it is up to them to «get the evidence» [E58](the underlying assumption appears to be that it does exist, they just have not looked hard enough).
They accepted that their
pricing policies were aggressive towards each other, but not
predatory in principle.
Torres, also endorsed by StreetsPAC, is well versed
in a broad range of progressive issues — from participatory budgeting to the battle against «
predatory equity» and derelict landlords to sustainability, a key policy concern of his that encompasses issues including the health impacts of truck exhaust pollution, the need for congestion
pricing to reduce traffic, the availability of nutritious fresh food, and the maintenance of affordable and livable housing.
Each student was
in charge of a term: elasticity, moral hazards, opportunity cost, the invisible hand,
predatory pricing.
And when they charged too much, it simply discounted
prices to $ 9.99 — a level that
in some cases meant taking a loss on each book sold, something critics have called «
predatory pricing.»
Even if Amazon engaged
in so - called
predatory pricing by selling below cost, the solution is to go to court or appeal to Congress, Lande said.
Predatory pricing could,
in turn, help Amazon buttress its other critical barrier to entry into the e-book marketplace: its use of a proprietary e-book format, rather than the industry - standard epub format.
In Amazon's hands,
predatory pricing can be a particularly potent weapon.
If Amazon could compel publishers to fall
in line with its
predatory pricing of e-books, it could eliminate a thinly capitalized but potent (because of its physical, brick - and - mortar presence) competitor from the e-book market.
Likely the most compelling case of
predatory pricing for publishers is
in your local libraries e-book collection.
In many cases the hardcover is actually cheaper than the digital version and this is primarily due to
predatory pricing.
In the Special Events hall of today's IDPF Digital Book event, a last minute guest speaker, Paul Aiken from the Author's Guild, gave a ten - minute one - sided explanation of the DoJ investigation against Apple and five publishers but he somehow managed to insert the phrase, «Amazon's predatory pricing model,» three times, despite the fact that Amazon is not named in the investigation or lawsuit
In the Special Events hall of today's IDPF Digital Book event, a last minute guest speaker, Paul Aiken from the Author's Guild, gave a ten - minute one - sided explanation of the DoJ investigation against Apple and five publishers but he somehow managed to insert the phrase, «Amazon's
predatory pricing model,» three times, despite the fact that Amazon is not named
in the investigation or lawsuit
in the investigation or lawsuits.
Agency
pricing,
in which publishers set
prices and booksellers take a fixed commission, promised to make it easier for small booksellers to compete by removing the threat of
predatory pricing by retailing behemoths like Amazon.
Amazon has used
predatory pricing as part of a range of strategies (lock -
in) to garner a large market, but there's nothing inherently wrong with that.
If it is,
in fact, trying to drive consumer
prices down (and accept short - term losses)
in order to be the only (or major) supplier of books to consumers and / or reseller of books from publishers, this can be viewed as
predatory pricing — perhaps good for the consumer
in the very short run, but less so
in the long run, since there are significant fixed costs to establishing a similar e - book / bricks & mortar presence
in the market, particularly
in the light of Amazon's potential willingness to drop
prices enough to make business untenable for the new entrant.
It is ruthless
in its business practices and grip on market shares and probably breaks the law on
predatory pricing.
The waiver contains strict conditions and guidelines to prevent the
predatory practice of property flipping,
in which properties are quickly resold at inflated
prices to unsuspecting borrowers.
The crime rate applies more where you looked at things like serious
predatory lending and inflated home values — where older people were talked into refinancing their house that was worth about $ 40k for a loan of about $ 80k so they could lower their payments by $ 75 / month, or those who really didn't understand what they were signing were talked into majorly inflated
prices for homes
in areas not worth it.
In particular, the federal government plans to crack down on what it calls «hidden fees» by ending extra fees for paper bills; expanding no - cost basic banking services, working with the provinces and territories to regulate
predatory payday lenders and further close the U.S. - Canada
price gap.
When Pet Business decided to tackle what many brick - and - mortar retailers describe as the
predatory pricing practices of some Internet - based pet food outlets
in our March cover story, we did so at the request of a number of our readers
in the independent channel.
«There is a huge environmental
price that we are paying every single day that we turn our backs on our native wildlife
in favor of protecting non-native
predatory cats at all cost while ignoring the inconvenient truth about the mortality they inflict,» Michael Hutchins, CEO of The Wildlife Society, said
in a statement released with the gray catbird study.
But talk about
predatory pricing and vendors» role
in stopping the practice did not end there.
«There is a huge environmental
price that we are paying every single day that we turn our backs on our native wildlife
in favor of protecting non-native
predatory cats at all cost while ignoring the inconvenient truth about the mortality they inflict.»
In part one of our story, I rode out to battle against what now feels like the absolutely quaint notion that barraging the game's community with media hyping future cash shop products that conspicuously excludes
pricing, then releasing those products at absurd
price points with only a few days of availability was a
predatory and anti-consumer way to market a product that leveraged fear of missing out to take advantage of players of a certain mindset.
«There is a huge environmental
price that we are paying every single day that we turn our backs on our native wildlife
in favor of protecting non-native
predatory cats at all cost while ignoring the inconvenient truth about the mortality they inflict.»
This reasoning was, however, invalidated by the General Court
in its Aéroports de Paris judgment of 12 December 2000 (T - 128 / 98, confirmed on appeal by the Court
in case C - 82 / 01 P), which clarified that the operation of an airport constitutes an economic activity, although the case concerned Article 102 TFEU and rules on
predatory pricing.
(4) Such cartelization is certain to lead to higher
prices to the public (see, to cite only one example among many, many, what happened when a handful of US title insurers replaced 100,000 US real estate lawyers — a «dysfunctional» per the State of California and «invidious» per the Supreme Court of Iowa industry «
in which the public pays too much» per the State of California (about four times more than what the lawyers used to charge) while delivering services that are «shit» per an employee of a US title insurer who used to be an independent lawyer until she and all the other real estate lawyers
in her city
in Florida were put out of business by
predatory pricing that lasted only as long as it took to kill the lawyers).
A lawyer
in Florida who was put out of business, along with every other real estate lawyer
in her city, by a six - month long (that is all it took) campaign of
predatory pricing, and who, needing to make a living, then took a job with that industry (but is no longer doing much law), went on to describe the level of service (despite the now four times greater cost than the lawyers ever charged) that her new employer and its non-competitors now deliver to the public as shit (her word).
The High Court has just considered the application of Chapter II of the Competition Act 1998
in the context of the bus industry and,
in particular,
in relation to allegations of «
predatory pricing» and «flooding the market».
At the same time, some of the former criminal offences
in the Act have been repealed, so that private actions are no longer possible for certain types of conduct — for example, for
predatory pricing or resale
price maintenance, both of which were prior to 2009 criminal offences (but are no longer).