Excessive Pricing Enforcement in Dynamic Sectors: Should You Stop Reading Now?

Gönenç Gürkaynak, The Academic Gift Book of ELIG, Attorneys-at-Law in Honor of the 20th Anniversary of Competition Law Practice in Turkey, 143-75 (2018)

43 Pages Posted: 23 May 2018  

Gönenç Gürkaynak

ELIG Gürkaynak Attorneys-at-Law

Merve Bakırcı

ELIG, Attorneys-at-Law

Sevgi Mutafoğlu

ELIG, Attorneys-at-Law

Date Written: March 1, 2018

Abstract

Excessive pricing has long been a disputed topic particularly based on the ambiguity when a price could be considered as excessive. It is even more challenging to determine whether excessive pricing constitutes a form of abuse of dominance when it comes to dynamic markets. This is mainly due to the fact that there are significant complications that stem from the impracticality of applying the legal tests to real-world situations.

Throughout this article, we argued that the legal tests applied in excessive pricing cases are insufficient and therefore implementation of such tests in dynamic sectors is even more risky. Accordingly, as it is highly difficult in dynamic sectors to determine whether an undertaking is dominant and the prices are excessive, it can be concluded that undertakings should be liberal to determine a pricing strategy that enables them to obtain sufficient returns on their investments.

Keywords: dynamic markets, excessive pricing, abuse of dominance, competition law, antitrust

JEL Classification: K21, L40

Suggested Citation

Gürkaynak, Gönenç and Bakırcı, Merve and Mutafoğlu, Sevgi, Excessive Pricing Enforcement in Dynamic Sectors: Should You Stop Reading Now? (March 1, 2018). Gönenç Gürkaynak, The Academic Gift Book of ELIG, Attorneys-at-Law in Honor of the 20th Anniversary of Competition Law Practice in Turkey, 143-75 (2018) . Available at SSRN: https://ssrn.com/abstract=3174409

Gönenç Gürkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Merve Bakırcı

ELIG, Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Sevgi Mutafoğlu

ELIG, Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

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