English
 
User Manual Privacy Policy Disclaimer Contact us
  Advanced SearchBrowse

Item

ITEM ACTIONSEXPORT

Released

Journal Article

Sanctioning Unfair Pricing under Art. 102(a) TFEU: Yes, We Can!

MPS-Authors
/persons/resource/persons204232

Botta,  Marco
MPI for Innovation and Competition, Max Planck Society;

External Ressource
No external resources are shared
Fulltext (public)
There are no public fulltexts stored in PuRe
Supplementary Material (public)
There is no public supplementary material available
Citation

Botta, M. (2020). Sanctioning Unfair Pricing under Art. 102(a) TFEU: Yes, We Can! European Competition Journal, 1-33. doi:10.1080/17441056.2020.1860566.


Cite as: http://hdl.handle.net/21.11116/0000-0007-9DC2-D
Abstract
Traditionally, unfair pricing cases were considered a “taboo” in EU competition policy. During the recent years, however, the European Commission and a number of National Competition Authorities have investigated unfair pricing cases. Therefore, national and EU courts had the opportunity to rule on unfair pricing cases, by thus clarifying the legal test. The paper shows that United Brands is not the “only” legal test to assess unfair pricing cases; the CJEU has endorsed alternative “benchmarking” methods. Recent jurisprudence has also introduced some “safeguard tools” to minimize the risk of false negative errors, such as the requirement for the competition agency to verify its findings under “multiple” tests and the possibility for the dominant firm to put forward “objective justifications”. The paper argues that the legal test of unfair pricing cases is becoming “clearer”, by thus contributing to a further shift from the traditional non-enforcement paradigm.