arrosenberg 5 days ago

Predatory pricing is illegal in the US, but difficult to prosecute under the existing laws.

  • twoodfin 5 days ago

    What is “predatory pricing” vs. “pricing”?

    • giaour 5 days ago

      Selling items for less than they cost to produce is known as "dumping" in international trade (where it is generally disallowed by trade organizations) and can be illegal in the US if the intent is to eliminate competition [0]. That last factor can be hard to prove, and I don't think the FTC is doing much about anticompetitive behavior these days.

      [0]: https://www.ftc.gov/advice-guidance/competition-guidance/gui...

      • twoodfin 5 days ago

        Yes, I can imagine it’s hard to prove, which is a pretty good indicator it’s a slippery concept to being with. Everyone wants to “eliminate the competition”, including your competition!

      • bushbaba 5 days ago

        Selling it at cost though isn’t. And the cost to make a good is often less than 50% retail

        • giaour 4 days ago

          Standard grocery margins are usually lower, in the 30%-40% range, and are often much lower for promotional items. Rotating "loss leaders" to get people in the door are standard practice. IMHO that would make it hard to bring an antitrust action against a grocery chain, as pretty much every store engages in a limited amount of predatory pricing as a marketing technique.

          50% is the standard retail markup, but it varies by industry.

      • kay_o 5 days ago

        I'd be unsurprised in this case that Amazon could produce the product profitably for less than half the cost due to scale.

        • giaour 4 days ago

          I don't think Amazon was producing anything they sold in their grocery stores. They were probably buying the same white label items as everyone else for their store brand.

      • krferriter 5 days ago

        The Biden admin went slightly harder against anti-competitive actions and anti-consumer actions by companies and all the billionaires freaked out and poured money into Republican campaigns in 2024 in order to roll all that back.

    • mcmcmc 5 days ago

      To add onto sibling comment: it is specifically when they sell below cost to eliminate competition, with the goal of later being able to raise prices to recover those losses (and more) once they are the only player in town and can jack the prices up all they want. The later price elevations are what result in consumer harm, which is why it is illegal.

    • bmurphy1976 5 days ago

      Predatory pricing:

      A big gorilla comes in and under prices the entire market. They can do that because they already have tons of money. They do this long enough to break the market and drive the competition out of business. Once the competitors are gone they jack up the prices to unprecedented levels because there's no more alternatives available and bleed the market for all the money.

      Regular pricing:

      Charge a fair price based on actual costs.

      • twoodfin 5 days ago

        This presupposes some athletic new competitor can’t enter the market and take the margin off the fat incumbent.

        It’s why we have capital markets: If capturing a profitable opportunity requires spending some money, someone who wants to profit will send that money your way.

    • [removed] 5 days ago
      [deleted]
  • taurath 5 days ago

    Which means it’s actually: legal and widespread

    • conception 5 days ago

      No it means it’s illegal and enforcement agencies don’t have the means and/or political support to prosecute.

selcuka 5 days ago

> Amazon duped his product and sold it at something crazy, like half price

Pricing below an appropriate measure of cost is generally considered predatory pricing. It is very difficult to enforce this, but that doesn't change the fact that it could be illegal and a violation of antitrust laws.

  • sincerely 5 days ago

    Amazon could also have the resources/know-how/volume to manufacture a comparable product that could be sold for half the cost

    • spockz 5 days ago

      Then that is okay as long as they don’t raise the prices after the competition is gone.