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(p. 756) 18. Abuse of dominance (2): pricing practices 

(p. 756) 18. Abuse of dominance (2): pricing practices
(p. 756) 18. Abuse of dominance (2): pricing practices

Richard Whish

and David Bailey

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date: 21 March 2019

This chapter examines how EU and UK competition authorities deal with abusive pricing practices. It begins by introducing the cost concepts used in determining whether a price is abusive. It then deals in turn with exploitative pricing practices; rebates and other practices that have an effect similar to exclusive dealing agreements; bundling; predatory pricing; margin squeeze; price discrimination; and practices that are harmful to the single market. In each section, the application of Article 102 by the European Commission and by the EU Courts will be considered first, followed by cases in the UK. Reference will be made where appropriate to the Commission's Guidance on the Commission's Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings.

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