Price erosion refers to a situation in which the price of a product or service decreases over time. This can occur due to a variety of factors, including competition, technological advances, and changes in market conditions. In the context of commercial litigation, price erosion disputes refer to conflicts that arise between parties over the effects of price erosion on their businesses or investments.
There are several types of price erosion disputes that can occur, including:
- Antitrust: This occurs when a business or group of businesses is accused of engaging in anti-competitive practices that contribute to price erosion.
- Breach of contract: This occurs when a party is accused of failing to fulfill their obligations under a contract in a way that contributes to price erosion.
- Fraud: This occurs when a party is accused of making false or misleading statements in order to induce another party to enter into a contract or transaction that contributes to price erosion.
In a price erosion dispute, the plaintiff (the party bringing the lawsuit) must prove that the defendant (the party being sued) is responsible for the price erosion and that they have suffered damages as a result. If the plaintiff is successful, they may be entitled to damages to compensate them for their losses.
Price erosion disputes can be complex and time-consuming, and can have serious consequences for businesses, as they can result in financial losses and damage to a company’s reputation.