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I don't believe that's accurate (at least, as I would interpret "concrete harm to customers"). It may be enough in the US for the predator to intend to reduce competition and to have a reasonable chance of success (and of maintaining higher prices one competition is reduced)[1][2].

[1] - http://www-student.unl.edu/cis/econ321b03/online_course/unit...

[2] - http://en.wikipedia.org/wiki/Predatory_pricing

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You'll notice in that second link:

> However, because the antitrust laws are ultimately intended to benefit consumers, and discounting results in at least short-term net benefit to consumers, the U.S. Supreme Court has set high hurdles to antitrust claims based on a predatory pricing theory.

So yeah, good luck MS et al. You'll have better luck in the socialist paradise known as the EU.

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