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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.

Subjects:
Company Law
Contents:
Preface
Acknowledgements
List of Abbreviations
List of Figures
List of Tables
Introduction
CHAPTER 1
An Overview of the EU and US Decisional Practice in the Field of Margin Squeeze
CHAPTER 2
Taxonomy of a Margin Squeeze and Its Enforcement Models
CHAPTER 3
The Scope of Intervention in Margin Squeeze Cases: Substantive and Institutional Considerations
CHAPTER 4
Theory of Competition Law as a Tool of Regulation in Network Industries: Conceptual Issues
CHAPTER 5
Margin Squeeze as a Constructive Refusal to Deal: A Deviation from the Essential Facilities Doctrine or Just Another Form of Vertical Foreclosure?
CHAPTER 6
Margin Squeeze and Predatory Pricing
CHAPTER 7
Conclusions: Re-evalution of the Added Value of Margin Squeeze as an Independent Theory of Abuse
ANNEX
List of Selected Margin Squeeze Cases
Bibliography
Table of Cases
Table of EU Legislation, Regulations, Soft Law Instruments
Index

Series: International Competition Law

Directory of EU Case Law on State Aids 3rd ed ISBN 9789403511016
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Antitrust Settlements: How a Simple Agreement Can Drive the Economy ISBN 9789403511337
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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
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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
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Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
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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
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EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
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Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
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Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
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Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
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Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
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The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
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EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
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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
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Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
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The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
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Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
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Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
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US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
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Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
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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
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Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
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International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
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M & A in Belgium
ISBN 9789041115942
Published May 2001
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US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned