on which the Attorney General had to build his case: that the News will, even if the JOA is denied, price below its costs with the deliberate and unabashed goal of strangling the Free Press; and that the News will incur heavy losses far into the future (the AU found that it would take at least seven to ten years to eliminate the Free Press in this fashion) on the ephemeral hope of monopoly profits at the end of the line, assuming, that is, that its monopoly status goes unchallenged by a new or revived rival seeking to share in the spoils. The Supreme Court has only recently reiterated that “predatory pricing schemes are rarely tried, and even more rarely successful,” Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 589, 106 S.Ct. 1348, 1357, 89 L.Ed.2d 538 (1986) (<HOLDING>), and that they are “impossible to maintain”
holding that summary judgment is not appropriate where matters of credibility and determining the weight of the evidence exist holding summary judgment appropriate where plaintiff failed to establish product identification holding summary judgment appropriate where evidence insufficient to overcome theoretical economic obstacles to predatory conspiracy holding speculation insufficient to avoid summary judgment holding that notice of judgment was insufficient