McMahon, Kathryn E. (2023) A re-evaluation of the abuse of excessive pricing. In: Akman, P. and Brook, O. and Stylianou, K., (eds.) Research Handbook on Abuse of Dominance and Monopolization. Research Handbooks in Competition Law . Edward Elgar. ISBN 9781839108716 (In Press)

An open access version can be found in:

• SSRN

Request Changes to record.

Abstract

The rarely enforced abuse of excessive pricing under Article 102(a) TFEU is being re-evaluated by regulators in the EU and UK as a useful tool to deal with instances of excessive pricing in markets concerning pharmaceuticals and copyright collecting societies. Digital platforms, acting as gatekeepers, can also exploit intermediation power and impose excessive prices on ‘locked-in’ customers within narrow proprietary markets. Competition law principles, as opposed to sector-specific regulation, should determine general rules beyond the application to particular markets. This chapter argues that a review of the EU case law demonstrates that while liability has been imposed on the basis of the complex assessment of economic evidence, a clearer development of the legal rules and limiting principles needs to be established if the abuse is to be successfully enforced.

Item Type:	Book Item
Divisions:	Faculty of Social Sciences > School of Law
Series Name:	Research Handbooks in Competition Law
Publisher:	Edward Elgar
ISBN:	9781839108716
Book Title:	Research Handbook on Abuse of Dominance and Monopolization
Editor:	Akman, P. and Brook, O. and Stylianou, K.
Official Date:	February 2023
Dates:	Date Event February 2023 Published 18 July 2022 Accepted
Number of Pages:	25
Status:	Peer Reviewed
Publication Status:	In Press
Access rights to Published version:	Restricted or Subscription Access
Related URLs:	Publisher
Open Access Version:	SSRN

Request changes or add full text files to a record

Repository staff actions (login required)

View Item