Behavioral Economics and Abuse of Dominance – A Fresh Look at the Article 102 TFEU Case-Law
14 Pages Posted: 19 Jul 2010
Date Written: May 15, 2010
The purpose of this working paper is to demonstrate that European competition lawyers – or at least most of them – do not need a shrink. More seriously, this paper underlines that a significant body of behavioral economics has already penetrated European Union (“EU”) competition law, in particular in the area of abuse of dominance. The case-law adopted pursuant to Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) indeed exhibits a noticeable degree of sympathy for the insights of behavioral economics. This is true in relation to the two analytical steps involved in a finding of unlawful conduct, namely the assessment of dominance (I) and the identification of an abuse (II).
Keywords: Abuse of Dominance, Behavioral Economics, Market Definition, Bundling, Tying, Predatory Pricing
JEL Classification: K21, L4
Suggested Citation: Suggested Citation