Tuesday, July 28, 2015

On the use of price-cost tests in loyalty discounts: Which implications from economic theory?

Chiara Fumagalli (Bocconi) and Massimo Motta (Barcelona GSE) provide thoughts On the use of price-cost tests in loyalty discounts: Which implications from economic theory?

ABSTRACT: Recent cases in the US (Meritor, Eisai) and in the EU (Intel) have revived the debate on the use of price-cost tests in loyalty discount cases. We draw on existing recent economic theories of exclusion and develop new formal material to argue that economics alone does not justify applying a price-cost test to predation but not to loyalty discounts. Still, the latter contain features (they reference rivals and allow to discriminate across buyers and/or units bought) that have a higher exclusionary potential than the former, and this may well warrant closer scrutiny and more severe treatment from antitrust agencies and courts.

https://lawprofessors.typepad.com/antitrustprof_blog/2015/07/on-the-use-of-price-cost-tests-in-loyalty-discounts-which-implications-from-economic-theory.html

| Permalink

Comments

Post a comment