9. Monopolies and the abuse of market power

Abstract

‘Monopolies and the abuse of market power’ studies monopolies and the abuse of market power. The first step in applying competition law to misuse of market power is the identification of such power. How powerful should you be to be deemed to have market power that could trigger antitrust intervention? Many jurisdictions will use the benchmark of ‘dominant position’, some will use ‘monopoly power’ or ‘monopolization’, while others may focus on the presence of ‘superior bargaining position’. There is a difference in approach between the US and EU competition laws which can be seen through several categories of abuse and monopolization, including predatory pricing, excessive pricing, and refusal to supply or license.