behavioral economics and abuse of dominance nicolas petit (ulg) vienna competition conference 2010 ...

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Behavioral Economics and Abuse of Dominance Nicolas Petit (ULg) Vienna Competition Conference 2010 – Industry v. Competition? 9 June 2010, Vienna

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Purpose of the presentation Show that a significant body of behavioral economics has already penetrated European Union (“EU”) competition law, in particular in the area of abuse of dominance; The buzz around behavioral economics is greatly exaggerated. This may have more to do with US antitrust law

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Page 1: Behavioral Economics and Abuse of Dominance Nicolas Petit (ULg) Vienna Competition Conference 2010  Industry v. Competition? 9 June 2010, Vienna

Behavioral Economics and Abuse of Dominance

Nicolas Petit (ULg)Vienna Competition Conference 2010 – Industry v. Competition?9 June 2010, Vienna

Page 2: Behavioral Economics and Abuse of Dominance Nicolas Petit (ULg) Vienna Competition Conference 2010  Industry v. Competition? 9 June 2010, Vienna

Do we need a shrink?

Page 3: Behavioral Economics and Abuse of Dominance Nicolas Petit (ULg) Vienna Competition Conference 2010  Industry v. Competition? 9 June 2010, Vienna

Purpose of the presentation

Show that a significant body of behavioral economics has already penetrated European Union (“EU”) competition law, in particular in the area of abuse of dominance;

The buzz around behavioral economics is greatly exaggerated. This may have more to do with US antitrust law

Page 4: Behavioral Economics and Abuse of Dominance Nicolas Petit (ULg) Vienna Competition Conference 2010  Industry v. Competition? 9 June 2010, Vienna

Dominance

Market definition Rational vs irrational substitution patterns The SSNIP test The EU empirical approach (market testing, etc.)

Dominance Dominance analysis Insights of behavioral economics on barriers to entry Empirical approach of EU law to barriers to entry

Page 5: Behavioral Economics and Abuse of Dominance Nicolas Petit (ULg) Vienna Competition Conference 2010  Industry v. Competition? 9 June 2010, Vienna

Abuse Predatory pricing Bundling/Tying

Establishing an abuse The traditional theory of harm Psychological coercion

Correcting the Abuse – Remedies and the « nudging » of consumers

Microsoft I and II Refusal to deal Unfair trading conditions (shrouding)