August 20, 2026
Richard Dolan was recently quoted in Patch discussing the antitrust issues at the center of a legal dispute between New York City moving companies Dumbo Moving & Storage and Piece of Cake.
The case involves allegations that Piece of Cake used below-cost pricing and other business practices to drive competitors from the market. In discussing the legal standards surrounding predatory pricing, Richard emphasizes that antitrust law is focused on protecting competition and consumers, rather than individual competitors.
“Antitrust law is concerned with protecting consumers, and it does so by seeking to preserve competitive markets rather than protecting the interests or bottom-lines of particular competitors in that market,” Richard tells Patch.
Richard also explains that below-cost pricing is not necessarily unlawful and can occur for legitimate business reasons. He noted that absent specific market factors, consistently losing money on individual transactions in an effort to make up the losses through increased volume would generally be an irrational business strategy.
Richard further comments on the importance of defining the relevant market in an antitrust case. He notes that the availability of substitute goods or services can make it more difficult for a low-pricing strategy to create monopoly power, an issue that could be significant as the court considers how the New York City moving market should be defined.
The case is currently pending in the U.S. District Court for the Southern District of New York, where Piece of Cake has moved to dismiss the claims.
Read the full article in Patch here.
Richard H. Dolan is a co-founder of Schlam Stone & Dolan LLP and the co-head of its civil litigation department where he practices complex commercial litigation. Richard has also handled trials, arbitrations, and appeals involving antitrust, securities, telecommunications, bankruptcy, sports, and entertainment law. Richard has been selected to the New York Metro Area list of Super Lawyers® in Business Litigation, Appellate, and Antitrust Litigation. Among his publications, he has co-authored the New York Law Journal’s monthly Eastern District Roundup column since 1990.