Wednesday, July 30, 2014

Luton Buses: Refusal to Supply and the Difficult Path to Economic Tests in Litigation (UK)

Paolo Siciliani, BBC explores Luton Buses: Refusal to Supply and the Difficult Path to Economic Tests in Litigation (UK).

ABSTRACT: As appears in this case decided in the UK, refusal to supply cases are subject to a trade-off between short-term benefits from increased competitive rivalry and long-term detriment from reduced incentives to invest in innovation. To frame an alleged abuse of dominance as an exclusionary conduct should not be taken as a shortcut to bypass the demanding standard of proof normally required for an allegation of exploitative abuse in the form of excessive prices. Judges in stand-alone private actions should treat economic evidence produced by a party's expert witness with caution and circumspection.

https://lawprofessors.typepad.com/antitrustprof_blog/2014/07/luton-buses-refusal-to-supply-and-the-difficult-path-to-economic-tests-in-litigation-uk-.html

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