Unmasking Excessive Pricing: Evolution of EU Law on Excessive Pricing from United Brands to Aspen
Article
Marinova, M. 2024. Unmasking Excessive Pricing: Evolution of EU Law on Excessive Pricing from United Brands to Aspen. European Competition Journal. 20 (2), pp. 315-339. https://doi.org/10.1080/17441056.2023.2280329
Authors | Marinova, M. |
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Abstract | It has been argued that the test for excessive pricing set out in United Brands is vague in a number of aspects and subsequent judgments of the EU courts have not provided much clarity on the matter. This article examines the evolution of the EU case law on excessive pricing for the last four decades including the most recent excessive pricing case investigated by the European Commission in the Aspen case. In particular, the article discusses the important question of what constitutes an excessive price that is “unfair in itself” and the question of how economic value is to be assessed. The article concludes that, although the abuse of unfair excessive pricing is likely to remain a difficult area for regulators to handle, the Commission’s commitment decision in Aspen, despite the fact that it cannot change or replace judicial decisions, provides very important clarification of the legal test for excessive pricing. |
Keywords | competition law; abuse of dominance; excessive pricing; unfairness |
Journal | European Competition Journal |
Journal citation | 20 (2), pp. 315-339 |
ISSN | 1744-1056 |
1757-8396 | |
Year | 2024 |
Publisher | Taylor & Francis (Routledge) |
Publisher's version | License File Access Level Anyone |
Digital Object Identifier (DOI) | https://doi.org/10.1080/17441056.2023.2280329 |
Publication dates | |
Online | 15 Nov 2023 |
Publication process dates | |
Accepted | 01 Sep 2023 |
Deposited | 08 Mar 2024 |
Copyright holder | © 2023, The Author |
https://repository.uel.ac.uk/item/8x0w1
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Unmasking excessive pricing evolution of EU law on excessive pricing from United Brands to Aspen (1).pdf | ||
License: CC BY-NC-ND 4.0 | ||
File access level: Anyone |
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