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To Abuse, or not to Abuse: Discrimination between Consumers

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Listed:
  • Pinar Akman

    () (Centre for Competition Policy, University of East Anglia)

Abstract

This 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.

Suggested Citation

  • Pinar Akman, 2006. "To Abuse, or not to Abuse: Discrimination between Consumers," Working Papers 06-18, Centre for Competition Policy, University of East Anglia.
  • Handle: RePEc:ccp:wpaper:wp06-18
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    File URL: http://www.ccp.uea.ac.uk/publicfiles/workingpapers/CCP06-18.pdf
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    Keywords

    Abuse of a dominant position; (price) discrimination; consumer welfare;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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