Aggressive Competition Or Predatory Exclusion?

Law360, New York (December 18, 2009, 1:47 PM EST) -- Recent pronouncements by the U.S. Department of Justice about past enforcement policies under Section 2 of the Sherman Act being “overly lenient” pose the risk of over-enforcement, which could have a chilling affect on the very behavior the competition enforcement agencies want to promote.

How our courts ultimately resolve this difficult issue of distinguishing between permissible, aggressive competition and illegal predatory exclusion will have a profound effect on the future of our economic system.

Courts have struggled for years to identify and remedy anti-competitive behavior by...
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