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Margin squeeze: an above cost predatory pricing approach

Gaudin, G. and Mantzari, D. (2016) Margin squeeze: an above cost predatory pricing approach. Journal of Competition Law and Economics, 12 (1). pp. 151-179. ISSN 1744-6422

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To link to this item DOI: 10.1093/joclec/nhv042

Abstract/Summary

We provide a new legal perspective for the antitrust analysis of margin squeeze conducts. Building on recent economic analysis, we explain why margin squeeze conducts should solely be evaluated under adjusted predatory pricing standards. The adjustment corresponds to an increase in the cost benchmark used in the predatory pricing test by including opportunity costs due to missed upstream sales. This can reduce both the risks of false-positives and false-negatives in margin squeeze cases. We justify this approach by explaining why classic arguments against above-cost predatory pricing typically do not hold in vertical structures where margin squeezes take place and by presenting case law evidence supporting this adjustment. Our approach can help to reconcile the divergent US and EU antitrust stances on margin squeeze.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:44977
Publisher:Oxford University Press

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