Question:

What do you mean by Predatory Prices in HMO industry?

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HMO Price behavior particularly in the Philippine context.

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  1. Concept is the same no matter where it occurs:

    Predatory Pricing Elements

    The court’s decision pointed out that a plaintiff

    alleging a claim of attempted monopolization by

    predatory pricing must prove four elements:

    1. A relevant geographic and product market;

    2. Specific intent to monopolize the market;

    3. Anti-competitive conduct in furtherance of the

    attempt; and

    4. A dangerous probability that the defendants

    will succeed in this attempt.

    Specific Intent

    With regard to specific intent, the court found that

    the internal documents of the defendants, prepared

    before the litigation and contemporaneous with the

    bid, did not suggest a conscious design to price

    below cost to acquire monopoly power. Rather,

    Preferred bid based on a price it anticipated would

    cover anticipated variable costs.

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