Economics 3366A/B Study Guide - Quiz Guide: Price Discrimination, Essential Facilities Doctrine, Post Danmark
8 Oct 2020
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Abuse once relevant market and dominant position: no definition in the tfeu. 66(7) ecsc : using that [dominant] position for purposes contrary to the objectives of this treaty : gc/ecj 2 components: objective concept and artificial growth harmful to consumers or competetitors. Competition on the merits may, by definition, lead to the departure from the market or the marginalisation of competitors that are less efficient and so less attractive to consumers (post danmark i c-209/10) Undertakings holding a dominant position have the right to preserve their own interests, but they do have a particular responsibility. Exploitative (1) pricing: excessive prices, excessive royalties for access to iprs, discriminatory prices (2) non-pricing restrictive contractual terms refusal to supply. Exclusionary (1) pricing: predatory pricing, margin squeeze rebates (2) non- pricing tie-ins long-term contracts refusal to supply. Examples: merger can be abusive since by this you can reassure you have no competitors. refusal to supply (example of art.
