To Abuse, or not to Abuse: Discrimination between Consumers
AbstractThis paper questions whether discrimination between consumers by a dominant undertaking can and should constitute an abuse of a dominant position under Article 82EC. By finding that it can, the paper challenges the traditional interpretation of the discrimination ban under that provision, namely that discrimination constitutes abuse only when directed against the intermediate customers of the dominant undertaking. As such, the paper seeks to clarify the scope of Article 82EC as regards discrimination, and elaborate on whether discrimination between consumers should be abusive. This is done from both a law and an economics perspective, in order to put forward a proposal to ensure that competition law does not prohibit discrimination where economics finds it potentiall welfare enhancing.
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Bibliographic InfoPaper provided by Centre for Competition Policy, University of East Anglia in its series Working Papers with number 06-18.
Length: 47 pages
Date of creation: Nov 2006
Date of revision:
Abuse of a dominant position; (price) discrimination; consumer welfare;
Find related papers by JEL classification:
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
This paper has been announced in the following NEP Reports:
- NEP-ALL-2007-07-07 (All new papers)
- NEP-COM-2007-07-07 (Industrial Competition)
- NEP-LAW-2007-07-07 (Law & Economics)
- NEP-MKT-2007-07-07 (Marketing)
- NEP-REG-2007-07-07 (Regulation)
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