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Antitrust Keyed to Morgan, 7th Ed.
Brooke Group Ltd. v. Brown & Williamson Tobacco Corp.
Citation:
509 U.S. 209, 113 S. Ct. 2578, 125 L. Ed. 2D 198 (1993)Facts
In 1980, Liggett introduced “black and white” generic cigarettes at prices approximately 30% lower than branded cigarettes, creating a new economy segment in the highly concentrated cigarette industry. By 1984, Liggett’s generics represented 4% of the total cigarette market. Brown & Williamson, which was losing branded cigarette customers to Liggett’s generics, entered the generic segment in 1984 with its own black and white cigarettes. B&W offered the same retail list price as Liggett but provided larger volume discounts to wholesalers. This precipitated a price war, with Liggett alleging that B&W’s prices eventually fell below cost. Liggett claimed this was part of a predatory scheme to force Liggett to raise its generic prices, thereby narrowing the price gap between generic and branded cigarettes, slowing the growth of the generic segment, and preserving supracompetitive profits on branded cigarettes. After the alleged predation period, generic cigarette prices increased regularly, and the price gap between branded and generic cigarettes narrowed. However, the generic segment continued to grow rapidly, expanding from 4% to 15% of the market between 1984 and 1989.
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