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Francisco Enrique Gonzalez-Diaz, Jorge Padilla, Apr 15, 2009
In the United States, the debate about margin squeeze has been linked to the more general debate about whether the antitrust laws should protect competition (no margin squeeze as an independent claim) or competitors (margin squeeze as an independent claim). According to some authors “more than ever before, the United States and Europe appear to be at a fork in the road over whether the law of monopolization exists to protect consumers or to ensure that a specified number of firms will profitably populate a market. 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.
