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As-Efficient Competitor Test in Exclusionary Prices Strategies: Does Post-Danmark Really Pave the Way towards a More Economic Approach?

Author

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  • Frédéric Marty

    (GREDEG CNRS
    University of Nice Sophia Antipolis
    OFCE - Sciences Po. Paris)

Abstract

The Post Danmark judgment may cast the light on the interpretations by the EU Court of Justice of crucial dimensions of the competition policy as: selective price cuts, above-cost rebates, costs test for exclusionary abuses with common costs. As we see one of the main interests of the decision lies on the cost criteria used by the Court to determine if a given price practice may exclude a competitor as efficient as the incumbent. In other words, does Post Danmark constitutes a real step towards the appropriation by the Court of Justice of the more economic approach promoted by the Commission and, more broadly, is really the logic of the Court coherent with an effects-based approach? Does Post Danmark conciliates the traditional decisional practice of the Court with the new principles of competition policy enforcement advocated by the Commission since the issuance of its February 2009 guidelines, relative to the exclusionary practices of dominant undertakings?

Suggested Citation

  • Frédéric Marty, 2013. "As-Efficient Competitor Test in Exclusionary Prices Strategies: Does Post-Danmark Really Pave the Way towards a More Economic Approach?," GREDEG Working Papers 2013-26, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), University of Nice Sophia Antipolis, revised Mar 2014.
  • Handle: RePEc:gre:wpaper:2013-26
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    File URL: http://www.gredeg.cnrs.fr/working-papers/GREDEG-WP-2013-26.pdf
    File Function: Revised version, 2014
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    More about this item

    Keywords

    exclusionary practices; abuse of dominant position; predatory pricing; as-efficient competitor test;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L43 - Industrial Organization - - Antitrust Issues and Policies - - - Legal Monopolies and Regulation or Deregulation
    • L44 - Industrial Organization - - Antitrust Issues and Policies - - - Antitrust Policy and Public Enterprise, Nonprofit Institutions, and Professional Organizations
    • L97 - Industrial Organization - - Industry Studies: Transportation and Utilities - - - Utilities: General

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