ACLE Seminar with David Gilo (Tel Aviv University). Faculty of Law, Oudemanhuispoort 4-6, C1.17. Title: "Excessive Pricing as an Abuse of Dominance".
The talk will discuss the question if and how to prohibit excessive pricing by dominant firms under competition law. There are three main grounds for some competition agencies being reluctant to enforce the prohibition on excessive pricing. The first is the notion that excessive pricing are self-correcting, the second is that excessive pricing may be required to stimulate valuable investment, and the third is that the prohibition is difficult to enforce, and creates uncertainty regarding the question "what is excessive". I plan to question all three objections, explain the way I believe this prohibition should be enforced, and claim that the prohibition of excessive pricing under competition law deserves a much less reluctant attitude by regulators and courts.
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