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Market power – the root of all evil? A comparative analysis of the concepts market power, dominance and monopolisation

Market power – the root of all evil? A comparative analysis of the concepts market power, dominance and monopolisation
Market power – the root of all evil? A comparative analysis of the concepts market power, dominance and monopolisation
The chapter looks at the concept of market power, through the statutes and case law interpretation in three jurisdictions, the US, the EU and Australia in relation to unilateral conduct. It establishes that despite same economic base the three jurisdictions have different understanding of the concept and what is sufficient market power for a conduct to be illegal. The result is thus that a company can perform a certain conduct in one jurisdiction, but not in another. In short, the chapter looks upon market power anew and argues that given the close relationship market power holds with the concept of abuse and anticompetitive effects, the assessment of market power should be linked to the type of abuse, although in comparison to previous research should remain separate from the anticompetitive effects assessment. This suggestion is a new and original, if not world-leading approach to the subject of market power within competition law. The findings of the chapter are of great significance to the understanding of market power and its interpretation also from a global perspective
9780857934796
Edward Elgar Publishing
Schmidt, Hedvig
79ee57ca-7da9-43ea-93bc-2c3ad29e714a
Ezrachi, Ariel
Schmidt, Hedvig
79ee57ca-7da9-43ea-93bc-2c3ad29e714a
Ezrachi, Ariel

Schmidt, Hedvig (2012) Market power – the root of all evil? A comparative analysis of the concepts market power, dominance and monopolisation. In, Ezrachi, Ariel (ed.) Research Handbook On International Competition Law. (Elgar Original Reference) Cheltenham, GB. Edward Elgar Publishing.

Record type: Book Section

Abstract

The chapter looks at the concept of market power, through the statutes and case law interpretation in three jurisdictions, the US, the EU and Australia in relation to unilateral conduct. It establishes that despite same economic base the three jurisdictions have different understanding of the concept and what is sufficient market power for a conduct to be illegal. The result is thus that a company can perform a certain conduct in one jurisdiction, but not in another. In short, the chapter looks upon market power anew and argues that given the close relationship market power holds with the concept of abuse and anticompetitive effects, the assessment of market power should be linked to the type of abuse, although in comparison to previous research should remain separate from the anticompetitive effects assessment. This suggestion is a new and original, if not world-leading approach to the subject of market power within competition law. The findings of the chapter are of great significance to the understanding of market power and its interpretation also from a global perspective

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Published date: 2012
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 337264
URI: http://eprints.soton.ac.uk/id/eprint/337264
ISBN: 9780857934796
PURE UUID: 0a7d1c1e-9f43-46b5-b615-7addbf31ce5f
ORCID for Hedvig Schmidt: ORCID iD orcid.org/0000-0002-0549-1377

Catalogue record

Date deposited: 20 Apr 2012 13:15
Last modified: 15 Mar 2024 03:25

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Contributors

Author: Hedvig Schmidt ORCID iD
Editor: Ariel Ezrachi

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