Abuse of dominance - exploitative abuses

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review


Article 102 TFEU has been interpreted by the European Court of Justice (ECJ) as prohibiting not only exclusionary abuses, but also exploitative ones. In particular, sub-section (a), which prohibits ‘directly or indirectly imposing unfair purchase or selling prices’ by a dominant firm, has been understood as proscribing not only unfair low prices (predatory prices) but also unfair high prices per se, that is without need of proof of anti-competitive conduct or intent. The prohibition against excessive prices, as it has come to be known, is one of the most intriguing competition law prohibitions. Its analysis involves a moral, economic and sociological exploration, with long historical roots. Such regulation encapsulates issues such as the goals and the underpinnings of competition law; the equilibrium point which is adopted to balance between the forces of Darwinian capitalism and those of social justice; the role of government regulation; the balance between practical problems and theoretical principles; and the assumptions regarding the relative administrability of various types of regulation.

Original languageAmerican English
Title of host publicationHandbook on European Competition Law
Subtitle of host publicationSubstantive Aspects
PublisherEdward Elgar Publishing Ltd.
Number of pages38
ISBN (Electronic)9781781006023
ISBN (Print)9781848445536
StatePublished - 1 Jan 2013

All Science Journal Classification (ASJC) codes

  • General Social Sciences


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