Ineffective Pricing Abuses

Sep 19, 2013

CPI Europe Column edited by Anna Tzanaki (Competition Policy International) presents:

Ineffective Pricing Abuses by Daniel Piccinin (Barrister, Brick Court Chambers, London)

Intro by Anna Tzanaki (Competition Policy International)

This month’s issue of the Europe Column hosts Daniel Piccinin (Brick Court Chambers) who is in search of a unifying theory of assessing pricing abuses under Article 102 TFEU in light of recent EU guidelines and case law. It is undeniable that a finding of foreclosure is necessary in order to classify the alleged anti-competitive conduct as “abusive.” However, the wide range of pricing abuses and the diverse legal tests applied thus far in Europe are not always or entirely consistent. While this may not be justified from an economic point of view, a growing trend towards harmonization of the analytical requirements in proving exclusionary effects in pricing abuse cases is observed in the EU decisional practice. To date, the as efficient competitor approach seems to be the best candidate to capture this potential, even though as the author rightful acknowledges there is considerable room for further clarification and establishment of a comprehensive principle. Future judgements, such as the one expected in the Intel case, could provide some indication of the evolution of EU competition law in this area.

Enjoy the reading!

One of the most commonly levelled complaints about the prohibition of abuses of dominant positions