Abstract

http://ssrn.com/abstract=1714706
 


 



Counterfactual Tests in Competition Law


Cento Veljanovski


Case Associates; Institute of Economic Affairs; Centre for Regulation and Market Analysis (CRMA)

November 24, 2010

Competition Law Journal, No. 4, November 2010

Abstract:     
This article looks at the growing use of the counterfactual approach in European and UK competition laws. The term counterfactual has not been a feature of European competition law, with the exception of merger control, to date. However, with the move to an effects-based approach, counterfactuals are being used occasionally, hesitantly and with mixed results. The article examines the use of counterfactuals in 'behavioural' competition law investigations based on a review of UK and EC competition guidelines, decisions, and several leading UK cases.

Number of Pages in PDF File: 15

Keywords: counterfactual, antitrust, competition law, effects-based approach, causation, dominance

JEL Classification: D4, K0, L1, L4

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Date posted: November 26, 2010  

Suggested Citation

Veljanovski, Cento, Counterfactual Tests in Competition Law (November 24, 2010). Competition Law Journal, No. 4, November 2010. Available at SSRN: http://ssrn.com/abstract=1714706 or http://dx.doi.org/10.2139/ssrn.1714706

Contact Information

Cento Veljanovski (Contact Author)
Case Associates ( email )
1 Heddon Street
Mayfair
London, W1B 4BD
United Kingdom
+44 (0)20 73764418 (Phone)
HOME PAGE: http://www.casecon.com
Institute of Economic Affairs
2 Lord North Street, Westminster
London, SW1P 3LB
United Kingdom
Centre for Regulation and Market Analysis (CRMA)
Adelaide, South Australia 5001
Australia
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