Abstract

In price-based (exclusionary) abuse of dominance cases, price–cost tests often tend to be the main, if not only, a piece of evidence relied upon to conclude whether or not an infringement has taken place. Although we consider that this assigns too much weight and relevance to this element of the analysis, this article focuses on a few open questions on the relevant cost standard for price-based abuses of dominance. It puts forward six main practical suggestions starting from the observation that the key question a price–cost test seeks to answer is whether a dominant firm by expanding its output incurs losses.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.