Counterfactual Tests in Competition Law
Case Associates; Institute of Economic Affairs; Centre for Regulation and Market Analysis (CRMA)
November 24, 2010
Competition Law Journal, No. 4, November 2010
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
Date posted: November 26, 2010
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