In the area of competition law, comparative legal scholarship can provide insights into differences in the laws of nations and can identify gaps that affect the multinational businesses subject to such laws. It also provides opportunities for convergence initiatives, such as those envisioned by the International Competition Network, to work towards filling those gaps. In this article we attempt to contribute to the literature relating to the comparative study of antitrust law through our review and analysis of the predatory pricing laws in Canada, the United States and Europe. We begin with an explanation of the economic theories behind predatory pricing. While the laws of nations are generally limited by borders: the norms of economics are not. Thus, the discipline provides a normative barometer for the analysis of such laws.
The topic is timely because Canada has proposed changes to its enforcement policies in the area. Our observation is that predatory pricing has historically been an area of divergence between Canada, the United States and Europe. Our conclusion is that in a time of increased convergence in the area of antitrust, predatory pricing remains an area of divergence, and one that may see further divergence if Canada does in fact change its enforcement policy as it has suggested.World Competition