Working Paper Series in Law and Economics, Konkurrensverket (Swedish Competition Authority)
The Role of the 'Equally Efficient Competitor' in the Assessment of Abuse of Dominance
() 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
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