Abusive margin squeeze: An overview of European national case laws
Introduction
An unlawful, abusive, margin squeeze typically occurs where a vertically integrated firm active in two related upstream and downstream markets supplies the upstream input to its downstream rivals, and charges prices that curtail the latter's ability to exercise an effective competitive constraint on this market. As a result of the “squeeze” of their profit margins, downstream rivals are no longer able to compete with the vertically integrated firm and may even be forced out of the market.
The purpose of this brief article is to introduce the reader to the national case-law on abusive margin squeezes that was commented in the e-competitions bulletin over the period 2003-2009. To this end, it seeks, to the extent possible, to analyze the 23 e-competitions case notes in
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