Predation Analysis and the FTC's Case Against Intel

Authors

• Daniel A. Crane, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

2010

Abstract

The Federal Trade Commission's pending antitrust case against Intel challenges a number of Intel's discounting and rebating practices. The Commission appears poised to apply a cost-price test to the challenged practices, but proposes to include "fixed sunk costs" in the appropriate measure of cost. This paper explains the importance of using cost-price screens to assess unilaterally imposed prices and analyzes the futility of including sunk costs in the relevant cost measure.

Recommended Citation

Crane, Daniel A., "Predation Analysis and the FTC's Case Against Intel" (2010). Public Law & Legal Theory Working Papers. 638.
https://repository.law.umich.edu/pub_law_archive/638