21 Pages Posted: 29 May 2010
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: 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: https://ssrn.com/abstract=1617364 or http://dx.doi.org/10.2139/ssrn.1617364