LAW AND ECONOMY : ECONOMIC THEORY - ECONOMIC EVIDENCE - TESTS - LITERATURE - COMPETITION AUTHORITIES

Economic proof in anticompetitive practices’ detection

Different tests have been proposed by the economic literature and used by competition authorities in order to detect anticompetitive conducts. No single test is suitable for every type of practice and the economic theory can help in choosing the most relevant one.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. I. A middle way between the per se approach and the general interest effects approach 1. Economic analysis is at the root of the questioning of the category approach to characterize an anti-competitive practice. On the one hand, economic analysis proposes a definition of anti-competitive practices: these are practices that degrade the collective surplus (i.e., the sum of the consumer surplus and the producer surplus). On the other hand, economic models show that practices that are similar in form can produce completely different effects depending on the characteristics of the market on which they are implemented and its competitive functioning. 2. For

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Gildas de Muizon, Economic proof in anticompetitive practices’ detection, December 2012, Concurrences N° 4-2012, Art. N° 49239, pp. 25-28

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