Counterfactual Tests in Competition Law

Cento Veljanovski

Case Associates; Institute of Economic Affairs

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

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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: https://ssrn.com/abstract=1714706 or http://dx.doi.org/10.2139/ssrn.1714706

Contact Information

Cento Veljanovski (Contact Author)
Case Associates ( email )
96 Kensington High Street
London, W8 4SG
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
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