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Excessive Prices: An overview of EU and national case law

Introduction If the main objective of competition law is to promote consumer welfare, prohibiting excessive prices surely makes sense. Or does it? The answer to this question is surprisingly complex and controversial, for a host of practical, legal, economic and ideological reasons. US antitrust law does not prohibit excessive pricing by dominant companies (it is concerned with exclusionary conduct only). But even in the EU and individual Member States, the case law on excessive pricing is limited. The European Commission’s 2009 guidance on Article 102 TFEU expressly does not cover exploitative abuses. [1] Some clarity on the law and the economics of excessive pricing is badly needed, especially as courts and competition authorities in various jurisdictions are confronted with

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  • Oxera (Oxford)

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Gunnar Niels, Excessive Prices: An overview of EU and national case law, 21 January 2014, e-Competitions Excessive prices, Art. N° 62463

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