The Federal Trade Commission will host a virtual public workshop on December 18, 2024, to present real-world evidence and economic scholarship regarding modern predatory pricing strategies, and examine how predatory pricing caselaw maps to these new economic realities.

Over thirty years ago, in Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., the Supreme Court rejected a predatory pricing claim based in large part on skepticism that predatory pricing is economically rational. However, in recent years, real-world evidence and significant scholarship has shown the ways in which firms can now profitably utilize predatory pricing to achieve market dominance. For example, digital markets have enabled new pricing strategies that do not neatly map to old assumptions. This workshop provides an opportunity to better understand predatory pricing in light of these advances and to consider ways to further develop the caselaw of predatory pricing to account for modern market realities.

FTC Chair Lina M. Khan will offer opening remarks. The workshop will feature speakers with experience of how predatory pricing has impacted competition and consumers. Economists, academics, and antitrust litigators will discuss predatory pricing caselaw and economic scholarship.

Topics to be discussed will include:

• How does predatory pricing harm competition, consumers, and innovation?
• What would a successful predatory pricing case look like under current doctrine?
• How does the Supreme Court’s decision in Brooke Group comport with the current market dynamics?
• Under what circumstances does the current economic literature and legal scholarship suggest that predatory pricing can be an effective, profit-maximizing strategy to gain or entrench market power?
• Does legal doctrine need to change to match modern-day economic realities? How so?

The virtual event will be open to the public and registration is not required. A link to view the livestream webcast will be posted to the FTC’s website at FTC.gov the morning of the event.

Additional information, including a list of speakers and the agenda, will be posted on this event page in advance of the workshop.