"We decline the invitation. As the foregoing discussion makes plain, supra, at 117-118, predatory pricing is an anticompetitive practice forbidden by the antitrust laws. While firms may engage in the practice only infrequently, there is ample evidence suggesting that the practice does occur. 16 It would be novel indeed for a court to deny standing to a party seeking an injunction against threatened injury merely because such injuries rarely occur. 17 In any case, nothing in [479 U.S. 104, 122] the language or legislative history of the Clayton Act suggests that Congress intended this Court to ignore injuries caused by such anticompetitive practices as predatory pricing."; CARGILL, INC. v. MONFORT OF COLORADO, INC., 479 U.S. 104 (1986)
"Whether viewed as a result of a per se pooling agreement as in New Wrinkle Inc, supra, or as a result of a vertical agreement analyzed under a rule of reason as in State Oil Co. v. Khan, supra, predatory pricing results in antitrust injury -- it is "inimical to the purposes of [the antitrust] laws," see Brunswick, 429 U.S., at 488, and harms both competitors and competition, CARGILL, INC, 479 U.S., at 118. The plaintiff has alleged future personal injury because of elimination of market opportunity -- an injury that flows directly from the threatened market foreclosure: Said predatory price fixing scheme prevents Plaintiff Daniel Wallace from marketing his own computer operating system as a competitor.; Plaintiffs Fourth Amended Complaint In the course of vending his competing operating system, the plaintiff has experienced firsthand the deleterious market effect of the GPL license when used by a cartel of competitors to distribute the Linux operating system. The plaintiffs complaint has certainly met the pleading requirements expressed in PEGRAM. ET AL., and Denny's Marina, supra, by directly or inferentially alleging the element of an accompanying injury. " See also http://www.terekhov.de/Wallace_v_Red_Hat_2nd_ANSWER.pdf (this case is still "pending"). regards, alexander. _______________________________________________ Gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
