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Margin Squeeze in the Electronic Communications Sector: Critical Analysis of the Decisional Practice and Case Law

ISBN13: 9789041162465
Published: July 2018
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £122.00

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Margin Squeeze in the Electronic Communications Sector provides an in-depth analysis of margin squeeze allegations in the electronic communications sector.

Margin squeeze is a form of abuse of a dominant position in which a vertically integrated company reduces the margin between the price charged to competitors and the price charged to consumers, which can have the effect of excluding a competitor from the market.

In the decade or so since the liberalisation of network industries, margin squeeze has become a major source of concern among competition authorities and courts, particularly pronounced in the electronic communications sector.

Because some of the adopted decisions show significant inconsistencies in approach, and legal certainty remains elusive in this area, this book which provides an advanced and comprehensive analysis of principles guides the ex post assessment of margin squeeze.

What’s in this book:

Issues and topics covered include:

  • scope of intervention in margin squeeze cases both for national regulatory and national competition authorities;
  • conditions for sanctioning margin squeeze under Article 102;
  • practical difficulties in identifying a margin squeeze;
  • methodology employed in margin squeeze cases and its regulatory aspects;
  • assessment of the ability and incentives of regulated firms to engage in a margin squeeze; and
  • situations when competition law is used to address the deficits of regulation and regulatory failures.
This book also includes a critical comparison of the vertical foreclosure analysis undertaken in margin squeeze cases with the approach adopted in the EU Non-Horizontal Merger Guidelines. Throughout the analysis, margin squeeze treatment in the European Union and its Member States is examined in light of the diverging approach adopted by the US Supreme Court.

How this will help you:

The increasing complexity of the electronic communications market can only further confound an already complex assessment of price squeezes, and one can expect that claims of anticompetitive margin squeeze in liberalised network industries will continue to be high on the enforcement agenda of competition authorities for years to come. In light of the need for a coherent, or at least predictable, sentencing policy to provide relative legal certainty, the research in this book proves invaluable. The analysis and conclusions discussed in this book will be welcomed by policymakers, regulators, and lawyers working in the areas of competition law and electronic communications law.

Company Law
List of Abbreviations
List of Figures
List of Tables
An Overview of the EU and US Decisional Practice in the Field of Margin Squeeze
Taxonomy of a Margin Squeeze and Its Enforcement Models
The Scope of Intervention in Margin Squeeze Cases: Substantive and Institutional Considerations
Theory of Competition Law as a Tool of Regulation in Network Industries: Conceptual Issues
Margin Squeeze as a Constructive Refusal to Deal: A Deviation from the Essential Facilities Doctrine or Just Another Form of Vertical Foreclosure?
Margin Squeeze and Predatory Pricing
Conclusions: Re-evalution of the Added Value of Margin Squeeze as an Independent Theory of Abuse
List of Selected Margin Squeeze Cases
Table of Cases
Table of EU Legislation, Regulations, Soft Law Instruments

Series: International Competition Law

Directory of EU Case Law on State Aids 3rd ed ISBN 9789403511016
Published November 2019
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Antitrust Settlements: How a Simple Agreement Can Drive the Economy ISBN 9789403511337
Published October 2019
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Global Competition Enforcement: New Players, New Challenges ISBN 9789403502830
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Digital Competition Law in Europe: A Concise Guide ISBN 9789403516943
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EU State Aid Control of Infrastructure Funding ISBN 9789041190994
Published July 2018
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Sixty Years of EU State Aid Law and Policy: Analysis and Assessment ISBN 9789041188694
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The EU Leniency Policy: Reconciling Effectiveness and Fairness ISBN 9789041184795
Published October 2017
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Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
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Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
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EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
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The Interface between Competition Law, Patents and Technical Stadards ISBN 9789041154187
Published November 2014
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Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
Out of print
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned