6 - Abuse of a dominant position: cases and experiments
Published online by Cambridge University Press: 04 December 2009
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Summary
This chapter reviews EU competition cases related to abuses of dominant positions. It then reviews the experimental literature that deals with market dominance. It is concluded that little experimental work has been done and that, hence, the link is weak between competition policy practice and experimental economics in the area of market dominance. The chapter concludes by answering the following three questions: (i) Is there scope for further experiments within the sphere of abuse of dominance? (ii) Is the gap between experimental research results supplied by the literature and the demand of case handlers due to the inherent boundaries of experimental research as such? (iii) What are the lessons for using experimental research in antitrust enforcement?
Introduction
Article 82 of the EC Treaty states that any abuse of a dominant position is prohibited, and mentions four examples of abuses: (i) directly or indirectly imposing unfair prices or other unfair trading conditions; (ii) limiting production or development to the prejudice of consumers; (iii) unequal treatment of trading parties, thereby placing some at a competitive disadvantage; and (iv) making use of tying contracts, hence, forcing unnecessary supplementary obligations on customers. Of course, other price or non-price strategies may be considered an abuse as well.
It is important to note that Article 82 EC does not forbid certain types of behavior as such; only dominant firms are forbidden from using such strategies.
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- Experiments and Competition Policy , pp. 107 - 159Publisher: Cambridge University PressPrint publication year: 2009
References
(1990), Essential Facilities: An Epithet in Need of Limiting Principles, Antitrust Law Journal 58, 841–853.Google Scholar
, and (1996), Capacity, Entry and Forward Induction, RAND Journal of Economics 27, 660–680.CrossRefGoogle Scholar
(2000), The Bronner Case – A Turning Point for the Essential Facilities Doctrine?, ECLR 59.Google Scholar
, , and (2000), Predatory Pricing: Strategic Theory and Legal Policy, Georgetown Law Review 88, 2239–2330.Google Scholar
(1987), Location Choice, Product Proliferation and Entry Deterrence, Review of Economic Studies, LIV, 37–45.CrossRefGoogle Scholar
, , and (2003), Entry Preventing Locations under Incomplete Information, International Journal of Industrial Organization 21, 809–829.CrossRefGoogle Scholar
, , and (2007), Entry Deterrence and Forward Induction: an experiment, Economic Theory 33, 83–209.CrossRefGoogle Scholar
and (2003), An Exploration of Reputation Formation in Experimental Games, Journal of Economic Behaviour & Organization 50, 89–115.CrossRefGoogle Scholar
(2000), The Economics of Competition Policy: Recent Developments and Cautionary Notes in Antitrust and Regulation, RFF Discussion Paper, Washington, DC.
and (1988), Experimental Tests of a Sequential Equilibrium Reputation Model, Econometrica 56, 1–36.CrossRefGoogle Scholar
, , , and (2000), Predation, Asymmetric Information, and Strategic Behaviour in the Classroom: An Experimental Approach to the Teaching of Industrial Organization, International Journal of Industrial Organization 18, 205–225.CrossRefGoogle Scholar
and (2001), Durable Goods, Coasian Dynamics and Uncertainty: Theory and Experiments, Journal of Political Economy 109, 1311–1354.CrossRefGoogle Scholar
(1972), Durability and Monopoly, Journal of Law & Economics, 15(1), pages 143–49.CrossRefGoogle Scholar
, , and (1997a), Signalling and Adaptive Learning in an Entry Limit Pricing Game, RAND Journal of Economics 28, 662–683.CrossRefGoogle Scholar
, , and (1997b), Adaptive Learning vs. Equilibrium Refinements in an Entry Limit Pricing Game, Economic Journal 107, 553–575.CrossRefGoogle Scholar
, , and (1984), Natural Monopoly and the Contested Markets: Some Experimental Results, Journal of Law and Economics 27, 91–113.CrossRefGoogle Scholar
and (1994), The Effects of Discounting Opportunities in Laboratory Posted-Offer Markets, Economics Letters 44, 249–253.CrossRefGoogle Scholar
and (1996), Markets with Posted Prices: Recent Results from the Laboratory, Investigaciones Económicas 20, 291–320.Google Scholar
and (1998), Conspiracies and Secret Price Discounts, Economic Journal 108, 736–756.CrossRefGoogle Scholar
and (2005), Rebates, Matches and Consumer Behavior, Southern Economic Journal 72, 410–422 (2005).CrossRefGoogle Scholar
and (2002), Experimental Methods and Antitrust Policy, in: Research in Experimental Economics, Special Issue Experiments Investigating Market Power, Volume IX, eds. and , JAI Press, Elsevier Science, Greenwich, 61–94.Google Scholar
and (2008), Experimental Gasoline Markets, Journal of Economic Behaviour and Organization 67, 134–149.CrossRefGoogle Scholar
(1980), The Role of Investment in Entry Deterrence, Economic Journal 90, 95–106.CrossRefGoogle Scholar
, , , , , , (1968), Collusion in Oligopoly: An Experiment on the Effect of Numbers and Information, Quarterly Journal of Economics 82, 240–259.CrossRefGoogle Scholar
and (2000), Price Competition and Market Concentration: an Experimental Study, International Journal of Industrial Organization 18, 7–22.CrossRefGoogle Scholar
and (2004), Buyer Concentration as a Source of Countervailing Power: Evidence from Experimental Posted-Offer Markets, Working Paper, Ben Gurion University, Beersheba.
(1998), Law and Competition in twentieth century Europe, Oxford University Press, Oxford.Google Scholar
and (1998), Predatory Pricing in the Laboratory, unpublished draft, University of Virginia, Charlottesville.
, and (2004), Predatory Pricing: Rare Like a Unicorn?, in press in and (eds.), Handbook of Experimental Economic Results, Elsevier Press, New York.Google Scholar
, , and (1995), On Durable Goods Monopolies: An Experimental Study of Intrapersonal Price Competition and Price Discrimination over Time, Journal of Economic Psychology 16, 247–74.CrossRefGoogle Scholar
, , and (2004), Durable Goods Monopoly with Privately Known Impatience, Economic Inquiry 42, 413–424.CrossRefGoogle Scholar
(1988), Predatory Pricing in a Multiple Market Experiment. A Note, Journal of Economic Behaviour and Organization 9, 405–417.CrossRefGoogle Scholar
and (1985), Monopoly Behaviour, Decentralized Regulation, and Contestable Markets: An Experimental Evaluation, RAND Journal of Economics 16, 51–69.CrossRefGoogle Scholar
, , and (1989), Experimental Evaluation of Institutions of Monopoly Restraint, Chapter 3 in and (eds.), Advances in Behavioural Economics, Volume II, Ablex Press, Norwood, 54–94.Google Scholar
(1995), Industrial Organization: A Survey of Laboratory Research, in and (eds.), Handbook of Experimental Economics, Princeton University Press, Princeton, 349–443.Google Scholar
and (2005), Burning Money and (Pseudo) First-Mover Advantages: An Experimental Study on Forward Induction, Games and Economic Behaviour, 51, 109–127.CrossRefGoogle Scholar
, , , and (2007), The Merger Paradox and Why Aspiration Levels Let it Fail in the Laboratory, Economic Journal 117, 1073–1095.CrossRefGoogle Scholar
and (2004), What You Don't Know Can Cost You: A Web Based Experiment in Price Discrimination, Review of Agricultural Economics 26, 392–403.CrossRefGoogle Scholar
, , and (1984), The Effects of Market Organization on Conspiracies in Restraint of Trade, Journal of Economic Behaviour and Organization 5, 191–222.CrossRefGoogle Scholar
and (1985), In Search of Predatory Pricing, Journal of Political Economy 93 (2), 320–45.CrossRefGoogle Scholar
, , and (1998), A Behavioural Approach to Law and Economics, Stanford Law Review 50, 1471–1550.CrossRefGoogle Scholar
, , and (1994), On the Existence of Predatory Pricing: An Experimental Study of Reputation and Entry Deterrence in the Chain-Store Game, RAND Journal of Economics 25, 72–93.CrossRefGoogle Scholar
, and (1986), Fairness as a Constraint on Profit Seeking: Entitlements in the Market, American Economic Review, 76(4), 728–41.Google Scholar
, and (2001), Vertical Foreclosure in Experimental Markets, RAND Journal of Economics 32, Autumn, 466–496.CrossRefGoogle Scholar
. (2007), Some Views on Pricing and EC Competition Policy, available at http://ec-europa.eu/comm/competition/index_en.html.
and (1998), An Experimental Analysis of Subgame Perfect Play: The Entry Deterrence Game, Journal of Economic Behaviour & Organization 37, 443–462.CrossRefGoogle Scholar
and (1982), Limit Pricing and Entry under Incomplete Information, Econometrica 50, 443–460.CrossRefGoogle Scholar
(2004), Competition Policy: Theory and Practice, Cambridge University Press, Cambridge.CrossRefGoogle Scholar
, , and (2004), Oligopoly Limit Pricing: Experimental Evidence, Games and Economic Behaviour.
and , (1992), The Sequential Equilibrium Theory of Reputation Building: A Further Test, Econometrica 60, 1151–69.CrossRefGoogle Scholar
, and (2007), Do Buyer-Size Discounts Depend on the Curvature of the Surplus Function? Experimental Tests of Bargaining Models, RAND Journal of Economics 38(3), 747–767.CrossRefGoogle Scholar
(1989), An Updated Review of Industrial Organization Applications of Experimental Methods, in Handbook of Industrial Organization, Volume II, and (eds.), Elsevier Science Publishers B.V., Amsterdam, 1111–1176.Google Scholar
, , , and (2005), The Design, Testing and Implementation of Virginia's NOx Allowance Auction, mimeo.
, , and (1995), An Experimental Study of Buyer-Seller Negotiation with One-Sided Incomplete Information and Time Discounting, Management Science 41, 377–94.CrossRefGoogle Scholar
and (2003), A Primer on Foreclosure, in Handbook of Industrial Organization, Volume III, and (eds.), North-Holland, New York.Google Scholar
(2000), Durable-Goods Monopoly: Laboratory Market and Bargaining Experiments, RAND Journal of Economics 31, 375–94.CrossRefGoogle Scholar
, , and (1983): Losses from Horizontal Merger: The Effects of an Exogenous Change in Industry Structure on Cournot–Nash Equilibrium, Quarterly Journal of Economics, 98(2), 185–199.CrossRefGoogle Scholar
and (1990), Industrial Market Structure and Economic Performance, 3rd edn., Rand McNally & Co, Chicago.Google Scholar
(1981), An Empirical Study of Decentralized Institutions of Monopoly Restraint, in and (eds.) Essays in Contemporary Fields of Economics in Honor of E.T. Weiler (1914–1979), Purdue University Press, West Lafayette, 83–106.Google Scholar
and (1989), The Boundaries of Competitive PriceTheory: Convergence, Expectations, and Transactions Costs, in Advances in Behavioral Economics, Vol. II, (eds) and , Ablex Publishing, Norwood, NJ.Google Scholar
(2002), Antitrust: Results from the Laboratory, in Research in Experimental Economics, Special Issue Experiments Investigating Market Power, Volume IX, (eds.) and , JAI Press, Elsevier Science, Greenwich, 1–60.Google Scholar
(1992), Strategic Models of Entry Deterrence, in and (eds.), Handbook of Game Theory, Volume I, Chapter 10, 305–329. Elsevier Science Publishers, Amsterdam.Google Scholar
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