Previous article

Excessive Prices: An overview of EU and national case law

One fundamental difference between the European and American approaches to unilateral conduct relates to the treatment of exploitative conduct, including excessive prices. While the mere charging of monopoly prices is not unlawful under US antitrust law, which recognizes high prices as an important element of the free-market system that rewards innovation, [1] exploitative practices by a dominant company are in principle considered abusive under EU law, even if the exploitative conduct is not accompanied by other anticompetitive practices. Notably, article 102 TFEU explicitly considers that an abuse of dominant position may in particular consist in “directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions”. The classic European case on

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Raphaël De Coninck, Excessive Prices: An overview of EU and national case law, 21 June 2018, e-Competitions Bulletin Excessive prices, Art. N° 86604

Visites 1571

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues