Wednesday, June 8, 2011
Introducing the Concept of ‘Predatory Entry’ in European Competition Law: The Flybe Case Recently Decided by the Office of Fair Trading in the United Kingdom
Posted by D. Daniel Sokol
ABSTRACT: The case raises questions about whether, and in what circumstances, a new entrant can commit predatory pricing, and how it should properly be remedied. The case ended with a “no grounds for action” decision The theory of “predatory entry” is likely to survive for future cases, but should it?