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Economic Principles of Predatory (Exclusionary) Pricing in the US and in the EU their (mis)Application in Some Recent Competition Law Cases of the European Community Commission and the Court of First Instance
26-45Views:157Predatory pricing is one of the most debated issue among the many possibly abusive behaviors of a dominant firm. The general prohibition of the abuse of a dominant power in the competition law is meant
to render more difficult to use that power but not to disable them to compete. The borderline between a rough but lawful competitive behavior of a dominant firm and the illegal abuse of the market power could sometimes be very narrow. One of that narrow line is associated with the so called predatory pricing or exclusionary pricing. One of the necessary preconditions for predatory pricing is that the firm is required to set the price below costs. But could it be a sufficient condition as well? Before the AKZO-case lawyers and economists seemed to agree that predatory pricing requires a second phase, after the dominant firm successfully got its prey in the first phase, the recoupment phase during which the dominant firm is able the regain all of his former losses occurred in the first phase. Since the AKZO-case, the Commission succeeded to convince Courts of the EU that it would be enough to make probable but not certain that there had to be a recoupment phase but we don’t have to wait until it really happens. Most of the economists still think that predatory pricing is meaningless without recoupment, and what is more important, it would be beneficial to the consumers during the first phase unless there is no certainty of a second phase.Journal of Economic Literature (JEL) classifications: K21, L12, L41
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Economic Freedom and the Process of Economic Growth: An Empirical Analysis Based on a New Measure
5-30Views:356This paper, relying on a conceptualization of economic freedom in terms of kinds of government actions, develops a new measure of economic freedom. However, this is not art for art’s sake; instead, it allows us to provide an explanation for how particular institutions of economic freedom enhance economic development, a view upon which scholars agree. We develop two concepts related to economic freedom, namely the freedom-compatible and freedom-non-compatible institutions and use them as tools in an analysis of the process of economic growth, especially the relationship between economic freedom and long-run income. The major argument is that freedom-compatible institutions are primary determinants of income, while freedom-non-compatible institutions depend upon them and are partly the outcomes of the growth process itself, a fact which is explained by the Misesian theory of interventionism. Our regression analyses support our theoretical insights.
JEL Classification: B53, H10, O10