The Role of the 'Equally Efficient Competitor' in the Assessment of Abuse of Dominance
AbstractIn a series of recent cases - most notably in TeliaSonera and Post Danmark - the equally efficient competitor principle has been explicitly recognised by the Court of Justice of the EU; more clearly so than by courts in the US, where the principle originates. However the exact scope of application of the principle in the EU remains to be defined. While its use in cases concerning predatory pricing and margin squeeze appears to be settled, it is still unclear to what extent the standard applies to other price-based forms of exclusion. And is the principle at all useful in the assessment of non-price-based exclusionary conduct? This article discusses the conceptual basis for the equally efficient competitor principle, and attempts to define its role in the assessment of exclusionary abuse in the EU.
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Bibliographic InfoPaper provided by Konkurrensverket (Swedish Competition Authority) in its series Konkurrensverket Working Paper Series in Law and Economics with number 2013:1.
Length: 18 pages
Date of creation: 15 May 2013
Date of revision:
equally efficient competitor; abuse of dominance; monopolization; exclusion; competition law; competition economics; antitrust;
Find related papers by JEL classification:
- K00 - Law and Economics - - General - - - General (including Data Sources and Description)
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
- L12 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Monopoly; Monopolization Strategies
- L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
This paper has been announced in the following NEP Reports:
- NEP-ALL-2013-07-20 (All new papers)
- NEP-COM-2013-07-20 (Industrial Competition)
- NEP-EUR-2013-07-20 (Microeconomic European Issues)
- NEP-LAW-2013-07-20 (Law & Economics)
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