The UK Competition Appeal Tribunal considers what constitutes an abusive conduct and the use of expert economic advice and clarifies what the "as-efficient competitor test" entails (Royal Mail / Whistl)

UK COMPETITION APPEAL TRIBUNAL JUDGMENT: PUSHING THE ENVELOPE ON ABUSE OF DOMINANCE* The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice. On 12 November 2019, the UK Competition Appeal Tribunal (the CAT) published its judgment rejecting Royal Mail’s appeal against a £50 million fine imposed by the UK Office of Communications (Ofcom), the UK communications and postal services regulator, for abuse of a dominant position in bulk mail delivery following a complaint from Whistl. This post focuses on three areas of the CAT’s judgment: (1) the distinction between abusive conduct and mere preparatory acts; (2) the relevance of the “as-efficient competitor” test when assessing exclusionary

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Authors

  • Latham & Watkins (London)
  • Latham & Watkins (London)
  • Latham & Watkins (London)
  • Latham & Watkins (London)

Quotation

Alexandra Luchian, David Little, Gregory Bonné, Nathan Wilkins, The UK Competition Appeal Tribunal considers what constitutes an abusive conduct and the use of expert economic advice and clarifies what the "as-efficient competitor test" entails (Royal Mail / Whistl), 12 November 2019, e-Competitions November 2019, Art. N° 93223

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