FTC Workshop Targets Digital Marketplaces For Potential Predatory Pricing Claims

During a recent virtual workshop hosted by the Federal Trade Commission (FTC), academics, trade association representatives, and two FTC commissioners advocated for change in the application of Section 2 of the Sherman Act to predatory pricing claims, particularly with respect to digital marketplaces. During closing remarks, FTC Commissioner and Democrat appointee Alvaro Bedoya expressed his view that far from being rare, predatory pricing is a common practice with underappreciated consequences in which "everyone except the predator loses." While the recent presidential election and resulting changes at the FTC may delay dramatic alteration in agency policy, tech companies and others should recognize neo-Brandeisians are playing the long game when it comes to U.S. antitrust enforcement policy.