The Federal Trade Commission (FTC) is set to hold a virtual public workshop on December 18, 2024, focusing on modern predatory pricing strategies. This event aims to present real-world evidence and economic scholarship related to these strategies and examine how existing predatory pricing caselaw aligns with current economic realities.

Over three decades ago, the Supreme Court case Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. dismissed a predatory pricing claim, largely due to skepticism about its economic rationality. However, recent evidence and scholarship suggest that firms can now profitably use predatory pricing to dominate markets. The digital market environment has facilitated new pricing strategies that challenge previous assumptions. This workshop seeks to enhance understanding of predatory pricing in light of these developments and explore potential updates to caselaw reflecting modern market conditions.

FTC Chair Lina M. Khan will deliver opening remarks at the workshop, which will feature speakers experienced in the impact of predatory pricing on competition and consumers. Economists, academics, and antitrust litigators will discuss relevant caselaw and economic research.

Discussion topics will include:

- The impact of predatory pricing on competition, consumers, and innovation.

- Characteristics of a successful predatory pricing case under current doctrine.

- Compatibility of the Supreme Court’s decision in Brooke Group with today's market dynamics.

- Conditions under which current literature suggests that predatory pricing can effectively maximize profits and secure market power.

- The necessity for legal doctrine changes to align with contemporary economic realities.

The virtual event is open to the public without registration requirements. A link for the livestream webcast will be available on the FTC’s website at FTC.gov on the morning of the event.

Further details, including speaker lists and agendas, will be posted on the event page before the workshop.