The California Supreme Court has let stand an appellate court ruling that allows for broad interpretation of California state predatory pricing law. Significantly, the case holds that proof of recoupment is not required to prevail in predatory pricing cases. This broad interpretation means that it will be easier to bring predatory pricing cases against California retailers and merchants.
In Bay Guardian Co. v. New Times Media LLC, 187 Cal.App.4th 438 (August 11, 2010), the First District Court of Appeal in San Francisco held that California’s state predatory pricing statute, the Unfair Practices Act (§1700 et...
