United States v. AMR Corp.
United States Court of Appeals for the Tenth Circuit
335 F.3d 1109 (2003)
American Airlines (defendant) temporarily lowered prices and increased flight capacity at its Dallas Fort Worth hub to compete with low-cost carriers, then returned to prior pricing levels once those carriers left the market; the United States (plaintiff) sued alleging monopolization and attempted monopolization under Sherman Act § 2, using four proposed tests to show American's pricing created a net economic loss, but American argued it never priced below its average variable cost, and the district court granted American summary judgment.
Whether a claim for predatory pricing under the Sherman Act must demonstrate the defendant set prices below a reasonable measure of cost.