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To Abuse, or not to Abuse: Discrimination between Consumers

Pinar Akman ()
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Pinar Akman: Centre for Competition Policy, University of East Anglia

No 06-18, Working Papers from Centre for Competition Policy, University of East Anglia

Abstract: This paper questions whether discrimination between consumers by a dominant undertaking can and should constitute an abuse of a dominant position under Article 82EC. By finding that it can, the paper challenges the traditional interpretation of the discrimination ban under that provision, namely that discrimination constitutes abuse only when directed against the intermediate customers of the dominant undertaking. As such, the paper seeks to clarify the scope of Article 82EC as regards discrimination, and elaborate on whether discrimination between consumers should be abusive. This is done from both a law and an economics perspective, in order to put forward a proposal to ensure that competition law does not prohibit discrimination where economics finds it potentiall welfare enhancing.

Keywords: Abuse of a dominant position; (price) discrimination; consumer welfare (search for similar items in EconPapers)
JEL-codes: K21 (search for similar items in EconPapers)
Pages: 47 pages
Date: 2006-11
New Economics Papers: this item is included in nep-com, nep-law, nep-mkt and nep-reg
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