• Corpus ID: 55441597

Excessive Pricing in Competition Law: Never say Never ?

  title={Excessive Pricing in Competition Law: Never say Never ?},
  author={Massimo Motta and Alexandre de Streel},
In an article written for the European Competition Law Conference in 2003,1 we discussed the treatment of excessive pricing in the European Union, commented upon the case-law, and indicated which exceptional circumstances might in our view justify resorting to excessive pricing actions. We proposed a four-condition test: (1) high and non-transitory barriers to entry leading to a monopoly or near monopoly; (2) this (near) monopoly being due to current or past exclusive or special rights; (3) no… 
The University of Oxford Centre for Competition Law and Policy
Excessive pricing is one of the most controversial topics in competition law. Notwithstanding excessive pricing being one of the most blatant forms of abuse, a non-intervention policy tends to be the
Excessive Pricing: A View from Chile
Excessive pricing is one of the most controversial topics in competition law. Notwithstanding excessive pricing being one of the most blatant forms of abuse, a non-intervention policy tends to be the
Why enforcement against excessive pricing in the Russian Federation is not sufficiently successful
In developed competition jurisdictions, excessive pricing is more a subject of academic and expert discussions than an actively used instrument of competition enforcement. Russian competition
Excessive Prices
One of the most controversial theories of harm in competition law in general and within the category of exploitative abuses in particular is excessive prices. While many arguments have been given
A Coherent Approach to the Antitrust Prohibition of Excessive Pricing by Dominant Firms
The aim of this chapter is to provide a coherent approach to the prohibition of excessive pricing by dominant firms as an antitrust violation. It first highlights the rationale for the prohibition
Sanctioning unfair pricing under Art. 102(a) TFEU: yes, we can!
ABSTRACT Traditionally, unfair pricing cases were considered a “taboo” in EU competition policy. During the recent years, however, the European Commission and a number of National Competition
Committed to Reform?: Pragmatic antitrust enforcement in electricity markets
This thesis is a collection of essays about the instrumental use of commitment decisions to facilitate the completion of the European internal electricity market. European policy can shape markets
When are Excessive Prices Unfair?
A dominant firm can abuse its position by charging unfair prices under EU competition law. According to the Court of Justice of the European Union in United Brands, a price is abusive if (1) the
The Antitrust Prohibition of Excessive Pricing
Excessive pricing by a dominant firm is unlawful in many countries. To assess whether it is excessive, the dominant firm’s price is often compared with price benchmarks. We examine the competitive
Excessive Pricing Regulation in China, South Africa, and Other BRICS Member States
This paper conducts a comparative study on excessive pricing enforcement in a number of BRICS jurisdictions, with a particular focus on China and South Africa. The paper first reviews the economic


Excessive Prices: Using Economics to Define Administrable Legal Rules
European competition laws condemn as ‘exploitative abuses’ the pricing policies of dominant firms that may result in a direct loss of consumer welfare. Article 82(a) of the EC Treaty, for example,
Monopoly Pricing as an Antitrust Offense in the U.S. and the EC: Two Systems of Belief about Monopoly?
Monopoly pricing per se, that is without need of proof of anti-competitive conduct or intent, is regulated very differently on both sides of the Atlantic, at least in theory. U.S. antitrust law sets
Competition Policy: Theory and Practice
This is the first book to provide a systematic treatment of the economics of antitrust (or competition policy) in a global context. It draws on the literature of industrial organisation and on
Assessing Excessive Pricing: The Case of Flat Steel in South Africa
South Africa's Competition Tribunal recently ruled in favor of the complainant in the first case of excessive pricing to come before it since the 1998 Competition Act established new institutions in
The Paradox of the Exclusion of Exploitative Abuse
Monopoly pricing is a textbook market failure that is taught in the first year of any economics course. The implied welfare loss (or ‘exploitative abuse’) justifies a whole range of competition
Abuse of Market Power
How should competition law deal with anti-competitive behaviour by firms with market power? In the light of recent EC and US cases, this is perhaps the most controversial current issue for
Limiting the scope of Article 82 EC: What can the EU learn from the U.S. Supreme Court’s judgment in Trinko in the wake of Microsoft , IMS , and Deutsche Telekom ?
This paper seeks to draw some insights from the landmark Supreme Court judgment in Trinko with a view to enlightening the current debate taking place in the EU over the proper scope of application of
Consistent with this economic setting, public enforcement by the European Commission has resulted in findings of abuse of dominance against (usually State-owned) firms, albeit in a handful of cases.
The Law and Economics of Article 82 EC
What is an abuse of a dominant position
The European Competition Law Annual 2003 is the eighth in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European