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Dominant and Efficient – On the Relevance of Efficiencies in Abuse of Dominance Cases
ESMT Working Paper No. WP-12-01.
2012
antitrust policy, efficiency defence, predatory pricing

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.

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Dominant and Efficient : On the relevance of efficiencies in Article 102 TFEU cases
Presentation at the OECD Roundtable, Paris, 24-25 October 2012.
2012
efficiencies, survey
Defending Cartels in Regulatory Investigations – The Role of Economics
Presentation at the IBC Competition Economics 2012, London, 20 March 2012.
Peter D. Camesasca
2012
cartel, private litigation
Competition Law in Regulated Industries: On the Case and Scope for Intervention
Journal of European Competition Law & Practice 2012, doi: 10.1093/jeclap/lpr087.
Lars Wiethaus
2012
telecommunication, regulation
Automatically renewable contracts hamper switching to competitors
E.CA Compact
2012
telecoms, switching

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.

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Are EC State aid rules compatible with attracting airlines through rebates?
E.CA Compact
2012
state aid, rebates

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.

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Annotation: Van Drie/Alpuro (in Dutch)
Markt & Mededinging, december 2011, nr. 6, pp. 245-248
Paul de Bijl
2011
competition law

 

The role of anchor tenants in the market definition of retail rental space
E.CA Compact
2011
market definition, shopping centre

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.

PDF icon The role of anchor tenants in the market definition of retail rental space
The Handbook of Competition Economics 2012 - Germany (country chapter)
In: C. Campbell (Ed.), The Handbook of Competition Economics 2012. Nottinghamshire: Encompass Print Solutions.
Dennis Beling
2011
competition, economics

An extract from The Handbook of Competition Economics 2012- a Global Competition Review special report – www.GlobalCompetitionReview.com.

PDF icon The Handbook of Competition Economics 2012 - Germany (country chapter)(application/pdf 204.0 KB)
The German Cement Cartel case and the trade-off between accuracy and practicality
Concurrences 1: 24-26.
2011
cement, cartel

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