Predatory Product Change and Market Foreclosures – Leveraging
What is the appropriate standard for differentiating product change innovation from predation?
How much deference should be given to the dominant firm?
Should there be a prophylactic rule of non-intervention?
Berkey Photo v. Eastman Kodak(2d Cir. 1979)
Use of monopoly power attained in one market to gain a competitive advantage in another is a violation of § 2, even if there has not been an attempt to monopolize the second market; it is the use of economic power that creates the liability most restrictive standard
Foreshadows Trinko – and in conflict w/EU practice – antitrust law is only concerned w/consumer welfare; leveraging d/n prove harm to consumers, only harm to competitors must show that there is some sort of monopoly pricing in the leveraged market (i.e., browsers)