Filter search results
Abstract : The European Commission’s policy on the relevance of efficiency considerations in abuse of dominance cases (Article 102 TFEU) has not been resolved satisfactorily. In an attempt to give guidance on this matter, we address the topic from two different angles: First, we review EC soft law provisions and recent decisions. Based on this review, we find that efficiency defences play a limited role under the current practice. They are of relevance in the growing number of IT related cases but only in these. Second, we explore – in the example of low price strategies – business practitioners’ views on the relevance of the pro and anti-competitive motives. Based on a survey of EMBA students, we find that low price strategies are indeed frequently used. The motives are diverse however, often pro-competitive and in line with antitrust compliance, i.e. low price strategies are rarely considered advisable for leading firms. Finally, policy conclusions are drawn.Dominant and Efficient – On the Relevance of Efficiencies in Abuse of Dominance Cases(application/pdf 689.3 KB)
Read the publication on the Journal of European Competition Law & Practice website.
On behalf of Ofcom, E.CA and Gregory Crawford empirically analysed the impact of BT's automatically renewable contracts on customer switching behaviour between telecom providers. Accounting for a variety of confounding factors, including tenure, bundling, price discounts and self-selection into contracts, it was found that households on automatically renewable contracts switch 35% less often than comparable households on standard contracts. In light of these findings Ofcom decided to prohibit these contracts in the fixed-line voice and boradband sectors for residential and small-business customers.Automatically renewable contracts hamper switching to competitors(application/pdf 137.0 KB)
Operating an airport profitably means generating sufficient traffic to cover operation costs at a margin which allows recovering fixed costs in the long run. Thus, airports often incentivise the opening of new routes or the establishing of hub status by individual airlines through rebate schemes. State-owned airports face the challenge to self-assess whether those rebates are in compliance with EC State aid rules. This note illustrates a simple but robust technique for such a self-assessment.Are EC State aid rules compatible with attracting airlines through rebates(application/pdf 189.3 KB)
Recent merger decisions in Poland and France have found product markets that are narrower than in any previous decision. In their analysis, the authorities focussed on supply-side characteristics. This generally leads to relevant markets that are narrower than those reached by applying the logic of the hypothetical monopolist test.The role of anchor tenants in the market definition of retail rental space