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Price Squeeze Abuse in the EU Telecommunications Sector: A Reasonably or Equally Efficient Test?

Serge Clerckx, Laurent de Muyter, Apr 15, 2009

This paper remains within the ambit of the now established Article 82 price squeeze test, and focuses on one aspect of its implementation—the application of the reasonably-efficient operator test, as opposed to the equally-efficient operator test. We believe that established case law of the EU Courts strongly suggests the appropriateness of applying a reasonably-efficient competitor test in recently liberalized network industries such as the telecommunications industry.

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