S-WoPEc
 
Scandinavian Working Papers in Economics
HomeAboutSeriesSubject/JEL codesAdvanced Search
Konkurrensverket (Swedish Competition Authority) Working Paper Series in Law and Economics, Konkurrensverket (Swedish Competition Authority)

No 2013:1:
The Role of the 'Equally Efficient Competitor' in the Assessment of Abuse of Dominance

Martin Mandorff () and Johan Sahl ()

Abstract: In 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.

Keywords: equally efficient competitor; abuse of dominance; monopolization; exclusion; competition law; competition economics; antitrust; (follow links to similar papers)

JEL-Codes: K00; K21; L12; L40; (follow links to similar papers)

18 pages, May 15, 2013

Before downloading any of the electronic versions below you should read our statement on copyright.
Download GhostScript for viewing Postscript files and the Acrobat Reader for viewing and printing pdf files.

Full text versions of the paper:

working_paper_2013-1.pdf    PDF-file
Download Statistics

Questions (including download problems) about the papers in this series should be directed to Apostolos Baltzopoulos ()
Report other problems with accessing this service to Sune Karlsson () or Helena Lundin ().

Programing by
Design by Joachim Ekebom

Handle: RePEc:hhs:kkveco:2013_001 This page was generated on 2015-05-13 10:46:10