9. Explain how reputational arguments can strengthen claims of predation. Note that a good answer mentions specifically how these claims can aid the necessary showings that relate to the recoupment market. What type of reputation does a far-thinking incumbent want to establish? Why might an outsider view this is a paradoxical? Note: that in every model we have solved for explicitly we have arguments based on the idea that firms have a reputation for maximizing directly measurable economic profits.

10. Explain the historical context and importance of Brooks Group vs Williamson Tobacco. Explain the Brooks standard for predation. What must be shown in the predation market? What must be shown about the recoupment market? Is this test simpler or more complex than a one determination test? Give at least one rationale for the court adopting this test.