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research article

The More Economic Approach To Predatory Pricing

Funk, Michael
•
Jaag, Christian
June 1, 2018
Journal of Competition Law & Economics

The "more economic approach" was introduced to antitrust to achieve a more effect-based and theoretically grounded enforcement. However, related to predatory pricing it resulted in systematic over- and under-enforcement: Economic theory does not require dominance for predation to be a rational (and harmful) strategy, although an ex ante dominant firm would often refrain from predation. Hence, within the current legal framework which requires dominance for antitrust to apply, a more effect-based and theoretically grounded antitrust enforcement cannot pursue harmful predation. Therefore, we suggest separating predatory pricing from exclusionary abuse of a dominant firm, both legally and analytically. Instead, predatory pricing should be analyzed along the same logic as a merger. In particular, we argue that three elements from merger control should be adopted: in the absence of dominance, market share and/or turnover thresholds may serve as a de minimis rule; recoupment should be analyzed similar to the competitive effect of a merger between the predator and its prey; and a stronger efficiency defense should be established.

  • Details
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Type
research article
DOI
10.1093/joclec/nhy008
Web of Science ID

WOS:000443544000005

Author(s)
Funk, Michael
Jaag, Christian
Date Issued

2018-06-01

Published in
Journal of Competition Law & Economics
Volume

14

Issue

2

Start page

292

End page

310

Subjects

Economics

•

Law

•

Business & Economics

•

Government & Law

•

incomplete information

•

reputation

•

mergers

•

entry

Editorial or Peer reviewed

REVIEWED

Written at

EPFL

EPFL units
CDM  
Available on Infoscience
December 13, 2018
Use this identifier to reference this record
https://infoscience.epfl.ch/handle/20.500.14299/152033
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