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http://hdl.handle.net/1814/7626
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| Title: | Parallels and Differences in the Attitudes towards Single-Firm Conduct: What are the Reasons? The History, Interpretation and Underlying Principles of Sec. 2 Sherman Act and Art. 82 EC |
| Authors: | SCHWEITZER, Heike |
| Keywords: | Sec. 2 Sherman Act
Art. 82 EC
Ordoliberalism
Predatory pricing
Exploitative abuses
Refusal to deal
Chicago School
Abuse of dominant position
monopolization
Single-firm conduct |
| Issue Date: | 2007 |
| Publisher: | European University Institute |
| Series/Report no.: | EUI LAW
2007/32 |
| Abstract: | In the US and in the EU, the antitrust rules on single-firm conduct are currently under
review. Antitrust authorities on both sides of the Atlantic are reconsidering the tests to
be applied in order to distinguish between lawful competition on the merits and
exclusionary conduct. In the transatlantic comparison that accompanies the review, it
has been observed that in the US, the tests for identifying anti-competitive single-firm
conduct under Sec. 2 Sherman Act are frequently more narrowly construed than the
tests applied in the EU under Art. 82 EC. A standard explanation for the divergence is
an in-built regulatory tendency of EU competition law which is frequently ascribed to
German ordoliberal influence – a theory supposedly antagonistic to sound economic
analysis. This paper challenges this view. Tracing the history of Art. 82 EC and
comparing US and EU competition law attitudes towards exploitative abuses, predatory
prices and refusals to deal, it argues that transatlantic differences are sometimes less
pronounced than is claimed, and may be explained by valid economic and normative
reasons where they exist. Along the way, the paper attempts to clarify the frequently
misinterpreted concept of ordoliberalism. |
| URI: | http://hdl.handle.net/1814/7626 |
| ISSN: | 1725-6739 |
| Appears in Collections: | LAW Working Papers
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