In this issue:
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The Price Squeeze Issue: Views From the United States
The linkLine Decision: Section 2 Gets Squeezed Further
The Court’s February 25, 2009 decision in linkLine can afford little comfort to plaintiffs pursuing claims under Section 2 of the Sherman Act.
Pacific Bell Telephone Co. v. linkLine Communications, Inc.: The Supreme Court Provides Clarity Sort Of
So, is the law now clear for firms considering whether to provide price discounts, and the manner in which to provide those discounts? The answer: sort of.
The Price Squeeze Issue: Views From Europe
Diverging but Increasingly Converging: The U.S. Supreme Court in linkLine A European Perspective
In a nutshell, the question is whether it is correct to consider that a margin squeeze simply consists, as the U.S .Supreme Court holds in linkLine, in an evaluation of a predatory pricing action (at the retail level) and a duty to deal (at the wholesale level), or whether it should constitute a stand-alone antitrust offence short of a mandatory obligation to deal and/or predation finding, as appears to have been the position taken by the European Commission (“the Commission”) and supported by the European Courts.
Price Squeeze Abuse in the EU Telecommunications Sector: A Reasonably or Equally Efficient Test?
This paper remains within the ambit of the now established Article 82 price squeeze test, and focuses on one aspect of its implementation the application of the reasonably-efficient operator test, as opposed to the equally-efficient operator test.
The linkLine Judgment A European Perspective
This article briefly assesses whether margin squeeze claims do/should constitute an independent abuse ex Article 82 EC absent an antitrust duty deal within the meaning of the Oscar Bronner case-law or abusing pricing in the upstream or downstream products.
Margin Squeeze in the United States and in Europe: Stand Alone Abuse or Refusal to Deal?
A striking contrast between the two [United States and Europe] becomes obvious in relation to the so-called abuse of “margin squeeze.†Recent court cases dealing with very similar situations, show the differences of approach.
