Below-Cost Pricing and Loyalty-Inducing Discounts: Are They Restrictive and If So, When?

Alberto Heimler, Sep 01, 2005

Abuse of dominance is the area where the divergence between U.S. and EC antitrust enforcement practices is still very significant. In particular, in the European Community, the identification of price abuses is mostly based on the abstract ability to exclude, while in the United States, the emphasis is mainly on visible and tangible effects. Some refinements in the analysis may be necessary in both jurisdictions.

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• Heimler (Sep. 2005)