Predatory Pricing Competition Through E-commerce Platforms: Eliminating or Destroying? (A Review Based on the Theory of Harm)

Abstract

Predatory pricing competition through e-commerce platforms has become a specific concern in the digital era. Predatory pricing refers to the practice of setting prices below standard to "eliminate or destroy" competitors, which significantly impacts the market and consumers. Therefore, the purpose of this study is to explore and analyze the benchmarks for the "eliminate or destroy" threshold in predatory pricing strategies using the framework of the theory of harm. This study employs a normative juridical method, utilizing statutory, conceptual, theoretical, and case study approaches. The strength of this study lies in its provision of practical solutions to address existing issues, thereby contributing meaningfully to the field. The findings highlight the importance of the theory of harm in analyzing patterns to detect market prices that determine whether a competitor is being "eliminated" or "destroyed," which could harm the market in the digital context. Furthermore, it underscores the necessity of preventing predatory pricing practices to ensure fair competition on e-commerce platforms.