Tom Cotter
Associate Dean for Research & Planning
Taft Stettinius & Hollister Professor of Law

Law360 Quotes Professor Cotter on Predatory Pricing

Professor Tom Cotter was quoted in Law360 article titled "EU's 1st Fine In 16 Years Shows Predatory Pricing Challenges." The article discusses the European Commissions' recent decison to fine Qualcomm €242 million ($272 million) for allegedly engaging in a predatory pricing scheme to drive a potential competitor from the chipset market.  Cotter noted that internal documentation is usually needed to substantiate a claim that below-cost pricing was intended to exclude a rival, but that E.U. law makes it slightly easier for the complaining party to prevail in these types of antitrust claims by creating a presumption of anticompetitive harm for pricing below average variable cost.