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Antitrust Keyed to Gavil, 5th 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 priced 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, whose branded cigarettes were losing market share to Liggett’s generics, entered the generic segment in 1984 with its own black and white cigarettes. Brown & Williamson offered larger volume rebates to wholesalers than Liggett, triggering a price war. Liggett alleged that Brown & Williamson sold its generic cigarettes below cost for 18 months to force Liggett to raise its prices, thereby narrowing the price gap between generic and branded cigarettes and slowing the growth of the economy segment. After the alleged predation, generic cigarette prices increased regularly, and the price gap between branded and generic cigarettes narrowed from 38% to 27%. However, the economy segment continued to grow from 4% to 15% of the market during this period.
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