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 18: An alternative perspective for assessing abuse of dominance in emerging markets

Abayomi Al-Ameen

Abstract

This chapter proposes that new competition regimes, particularly those of developing and underdeveloped economies, should take advantage of more amenable and more familiar legal tools such as the doctrine of unconscionability in their abuse of dominance assessments. This is because the pure economic models mainly deployed by the more mature regimes might be unsuitable for the less developed systems at least in the early years. This chapter will therefore explore how the doctrine can be infused into their competition laws, serving either as a major basis for assessment or as a stopgap while they gain concrete knowledge of the true economic and developmental implications of applying complex economic models in abuse of dominance cases.

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