Margin squeeze και πολιτική ανταγωνισμού

Abstract

It is not illegal for an undertaking to have dominant position under EU competition law but such undertakings have a special responsibility to ensure that its conduct does not distort competition. Margin squeeze is one of the many different measures that can be construed as an abuse of an undertakings dominant position under Article 102 TFEU. Margin squeeze can be implemented by a vertically-integrated undertaking with a dominant position on the upstream level (wholesale) that supplies a key input to downstream operators (retail), and also competes on the downstream level in providing services to end users. The dominant undertaking can abuse its position by a margin squeeze by setting its upstream operations wholesale price and its downstream operations retail price at such a level that the margin spread between these two prices will be insufficient for an equally efficient competitor to profitably trade on the downstream market. The objective of this thesis is to analyze how margin squeeze has been assessed as an abuse of dominance not only by the EU judicature and the Commission but also by the United States Antitrust Policy.