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-yet-as-efficient competitors from price competition. Third, it leads to too many false positives, i.e., findings of exclusionary abuse that are not …The Commission's Guidance paper on exclusionary abuse under Article 82 EC is open to three fundamental criticisms … power to do. Second, it would lead to some anticompetitive effects, because in practice it discourages price competition, by …
Persistent link: https://www.econbiz.de/10010279597
The ultimate objective of EC competition rules is arguably the enhancement of ‘consumer welfare’. In EC competition law …’. Until then, it remains questionable and objectionable whose interests EC competition law and in particular, Article 82EC …
Persistent link: https://www.econbiz.de/10005032066
This paper questions whether the objective of Article 82EC is indeed enhancing ‘consumer welfare’ as suggested by the EC Commission when one examines the application of the provision thus far. It critically analyses the case law of the EC Commission and Courts to show that there is great...
Persistent link: https://www.econbiz.de/10004968074
Market power is the most important determinant of liability in competition law cases throughout the world. Yet … research agendas, agency guidance, and competition law doctrine …
Persistent link: https://www.econbiz.de/10011581951
This paper examines the travaux preparatoires (prepatory documents) of Article 82EC which have so far been disregarded in the literature in order to find out the legislative intent of the provision. The legislative intent is important for understanding what Article 82EC currently is and aims at...
Persistent link: https://www.econbiz.de/10005032051
Competition law compliance has become increasingly important in the banking industry as the number of infringements and … competition law infringements. Therefore, this article sets out an approach to assessing the residual risk of antitrust non …
Persistent link: https://www.econbiz.de/10011377828
We study competition in the German interurban bus industry two years after its liberalization in January 2013. In … of market power by incumbents – and derive several recommendations to secure effective competition in the industry. …
Persistent link: https://www.econbiz.de/10011316405
We provide an empirical assessment of the German interurban bus industry two years after its deregulation in January 2013. In addition to a general description of key developments of the industry, we use a unique route-level price data set to study both competitive interaction in general and the...
Persistent link: https://www.econbiz.de/10011316417
(possibly together with the sports association) violates European competition law in two ways. First, it allegedly abuses its …
Persistent link: https://www.econbiz.de/10011492229
Robert Bork's Antitrust Paradox (1978) has been justification for lack of antitrust behavior for over four decades. His test essentially asks if consumers are harmed by the pricing practices of the firm in the market in which they purchase the good or service. Even if these firms are monopoly or...
Persistent link: https://www.econbiz.de/10012804859