Editing Predatory pricing (section)

===United States===
Predatory pricing practices may result in [[antitrust]] claims of [[monopoly|monopolization]] or attempts to monopolize. Businesses with dominant or substantial [[market share]]s are more susceptible to antitrust claims. However, as antitrust laws are ultimately intended to benefit consumers, and discounting results in at least short-term net benefit to consumers, the [[Supreme Court of the United States|U.S. Supreme Court]] has set high hurdles to antitrust claims based on predatory pricing theory. The Court requires plaintiffs to show a likelihood that the pricing practices affect not only rivals, but also competition in the market as a whole in order to establish there is a substantial probability of success in monopolization.<ref>{{citation|url=http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=509&invol=209|volume=209|title=Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 113 S. Ct. 2578, 2589|year=1993|access-date=2006-01-31|archive-date=2012-10-18|archive-url=https://web.archive.org/web/20121018114313/http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=509&invol=209|url-status=live}}</ref> If there is a likelihood that market entrants will prevent the predator from recouping its investment through supra-competitive pricing, then there is no probability of success and the antitrust claim would fail. Additionally, the Court established that for prices to be predatory, they must be below the seller's cost.

The US Department of Justice, however, argues that modern economic theory based on strategic analysis supports predatory pricing as a real problem, and claims that the courts are out of date and too skeptical.<ref>{{cite web | url = https://www.justice.gov/atr/predatory-pricing-strategic-theory-and-legal-policy | title = Predatory Pricing: Strategic Theory and Legal Policy | date = 25 June 2015 | publisher = Department of Justice | access-date = 7 October 2017 | archive-date = 7 October 2017 | archive-url = https://web.archive.org/web/20171007120059/https://www.justice.gov/atr/predatory-pricing-strategic-theory-and-legal-policy | url-status = live }}</ref>