Collective dominant positions: About the proper implementation of the Airtours test

David Spector

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Abstract: The Airtours test, used in order to determine whether a merger is likely to create or strengthen a collective dominant position, must be applied with caution. Mechanically checking each of the three criteria laid out by the Tribunal, one by one, would be misguided. On the contrary, a global assessment, relying on a detailed analysis of possible collusive strategies, is both more rigorous and less prone to uncertainty.

Date: 2007-02
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Published in Concurrences [Competition law journal / Revue des droits de la concurrence], 2007, 1-2007 (13134), pp.26-30

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Working Paper: Collective dominant positions: About the proper implementation of the Airtours test (2007)
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