THR the second standard.

THR the second standard.

Date set
July 12, 2026
Tournament
Miscellaneous Motions
Topics
Economics, Law
Background slide

In Brooke Group Ltd. v. Brown & Williamson Tobacco Corp, the Supreme Court established a two pronged test for predatory pricing. An antitrust plaintiff must show (1) the prices being offered were below the cost to produce, and (2) that the firm had a "dangerous probability" of making back its short run losses in the long run via monopolistic pricing.