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The regulation of a margin squeeze in the European Union and the intersection of competition law and sector-specific regulation
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McMahon, Kathryn E. (2014) The regulation of a margin squeeze in the European Union and the intersection of competition law and sector-specific regulation. Competition Law Review, 10 (2). pp. 167-204. ISSN 1745-638X.
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Abstract
In a series of recent decisions, Telefónica, Deutsche Telekom and TeliaSonera, the European Commission and European Courts have imposed liability and extensive fines under Article 102 TFEU for the abuse of a margin squeeze in liberalized telecommunications markets. These decisions are important for their consideration of the “as efficient competitor” test under Article 102 in narrowly construed downstream markets and for their assessment of the relationship between competition law and sector-specific regulation. This paper will evaluate these margin squeeze decisions within the context of a broadening role for competition law in liberalized and regulated markets and the purported shift in the European Commission’s Enforcement Priorities towards a “more economic” and “consumer welfare” approach. It will also seek to draw some comparisons with the treatment of a margin or price squeeze in the United States under section 2 of the US Sherman Act 1890, where the likelihood of a successful claim in this area has significantly diminished after the Supreme Court decision in linkLine.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Competition Law Review | ||||
ISSN: | 1745-638X | ||||
Official Date: | 2014 | ||||
Dates: |
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Volume: | 10 | ||||
Number: | 2 | ||||
Page Range: | pp. 167-204 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published |
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