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A re-evaluation of the abuse of excessive pricing
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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 . Cheltenham: Edward Elgar, pp. 119-139. ISBN 9781839108716
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Official URL: https://www.e-elgar.com/shop/gbp/research-handbook...
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 | ||||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||||
Series Name: | Research Handbooks in Competition Law | ||||||
Publisher: | Edward Elgar | ||||||
Place of Publication: | Cheltenham | ||||||
ISBN: | 9781839108716 | ||||||
Book Title: | Research Handbook on Abuse of Dominance and Monopolization | ||||||
Editor: | Akman, P. and Brook, O. and Stylianou, K. | ||||||
Official Date: | 16 May 2023 | ||||||
Dates: |
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Number of Pages: | 482 | ||||||
Page Range: | pp. 119-139 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||
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Open Access Version: |
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