Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Friday, August 9, 2019

Bargaining power and market power: approaches to separation for the purposes of antitrust policy

By: Morozov, Anton (Морозов, Антон Н.) (The Russian Presidential Academy of National Economy and Public Administration); Pavlova, Natalia (Павлова, Наталья С.) (The Russian Presidential Academy of National Economy and Public Administration)
Abstract: At first glance, the effects of market power on one side of the market are similar to the effects of asymmetric distribution of bargaining power. This is the source of their mistaken confusion. These effects include both distributional and coordination. However, some of the effects may be related to the distribution of winnings, for example, in favor of sellers, but not related to restricting competition (the so-called exclusionary practices). The prevailing approaches to law enforcement in Russia, based primarily on the concepts of market power, dominant position and abuse of dominance, give rise to the question of the need to find a new balance between the categories of restriction of competition and the effects of bargaining power.

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