Predation Analysis and the FTC's Case Against Intel

21 Pages Posted: 29 May 2010

See all articles by Daniel A. Crane

Daniel A. Crane

University of Michigan Law School

Date Written: May 25, 2010


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.

Keywords: Federal Trade Commission, Intel, Cost-Price Screens, Fixed Sunk Costs

JEL Classification: K21, K22

Suggested Citation

Crane, Daniel A., Predation Analysis and the FTC's Case Against Intel (May 25, 2010). University of Michigan Law & Economics Empirical Legal Studies Center Paper No. 10-014, University of Michigan Public Law Working Paper No. 202, Available at SSRN: or

Daniel A. Crane (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
734-615-2622 (Phone)

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