Non-price exclusion
Contents
Place in the Framework
Non-price exclusion covers conduct that impairs rivals through means other than below-cost pricing, such as access restrictions, product design, contracts, or strategic interference.
Core Questions
- What makes the conduct exclusionary rather than aggressive competition?
- Did the conduct impair rivals' ability to compete on the merits?
- Are there legitimate business justifications or less restrictive alternatives?
Working Notes
Add examples and doctrinal tests here for non-price exclusion theories.