Abusive Practices in Competition Law
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Abusive Practices in Competition Law

Edited by Fabiana Di Porto and Rupprecht Podszun

Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant?
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Chapter 4: The pitfalls of market definition: towards an open and evolutionary concept

Rupprecht Podszun

Abstract

Market definition and the calculation of market shares for dominance are two features of competition law that are at the core of many abuse cases. Yet, the concepts – market definition, dominance – have significant weaknesses. Instead of turning away from market definition completely, as is advocated by some scholars, the better way seems to have a more open and evolutionary concept of market definition. Market definition is to be understood as the starting point for setting the scene, gathering economic information. This requires qualitative assessments and awareness for path dependencies and bounded rationality. Such an understanding may solve problems currently associated with market definition in multi-sided markets.

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