Strict Liability For Below-Cost Pricing In Calif.?

Law360, New York (August 20, 2010, 5:33 PM EDT) -- The California Court of Appeal in San Francisco recently issued a decision that plaintiffs’ lawyers are sure to argue establishes near-strict liability under California law for selling a product below cost. Bay Guardian Co. v. New Times Media LLC, No. A122488, 2010 WL 3156631 (Cal. App. 1st Dist. Aug. 11, 2010). The potential for treble damages should make all discounters of goods and services take note.

The court affirmed the San Francisco Bay Guardian newspaper’s $15.9 million jury verdict against the owners of its competitor, the...
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