Sixth Circuit Clarifies Proof Required To Show Below-Cost Pricing In Antitrust Case

A recent Sixth Circuit decision clarified the minimum standard a plaintiff must meet to prove a claim of below-cost pricing under either the concerted or independent antitrust provisions of the Sherman Act.

In Superior Production Partnership, d/b/a/ PBSI v. Gordon Auto Body Parts Co., Ltd; Gordon Auto Body Parts USA Corp., No. 13-4466, Gordon Auto Body Parts ("Gordon"), a Taiwanese company, was an early entrant to the US market for replacement truck hoods. Superior Production Partnership ("PBSI") eventually entered the market for certain replacement hoods but found that it could not match the prices of Gordon or several other Taiwanese firms. Believing that Gordon and the other firms were conspiring to drive it out of business, PBSI brought antitrust claims against Gordon.