Current Legal Standards of Predation
There is a substantial gap between the recent literature analyzing predation—especially the economic literature—and the attempts of courts to identify and redress such conduct. This is hardly surprising. A consensus has yet to emerge within the legal or economic communities as to what, in theory, should constitute predation. Moreover, courts must temper theoretical economic concerns with evidentiary, procedural, and jurisprudential considerations. Indeed, one may reasonably ask how well even an accepted economic definition of predation could be applied in the courtroom environment of incomplete facts, disputed interpretations, unsettled theory, and limited economic expertise.
Current Legal Standards of Predation, in Strategy Predation, and Antitrust Analysis (S. Salop, ed., 1981)