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Are excessive pricing cases few and far between? A quantitative analysis of fifty years of European jurisprudence 1971–2021

Kianzad, Behrang LU (2023) In Concurrences 2023(3).
Abstract
The prohibition against excessive pricing dates back to the years of Babylonian King Hammurabi. Nevertheless, the prohibition is described by many as being “controversial” and against “mainstream economics”, which is why it should be applied rather sparsely.

It has also rather routinely been claimed that the actual number of excessive pricing cases is “scarce”, “limited” and so on. Despite the historical roots, and even though the prohibition represents what many laypeople (and scholars) would understand as the prima facie function of competition law, the prohibition in many textbooks and commentary is still described as an “oddity.”

This assertion, although recurrent in certain judgments and political documents, is... (More)
The prohibition against excessive pricing dates back to the years of Babylonian King Hammurabi. Nevertheless, the prohibition is described by many as being “controversial” and against “mainstream economics”, which is why it should be applied rather sparsely.

It has also rather routinely been claimed that the actual number of excessive pricing cases is “scarce”, “limited” and so on. Despite the historical roots, and even though the prohibition represents what many laypeople (and scholars) would understand as the prima facie function of competition law, the prohibition in many textbooks and commentary is still described as an “oddity.”

This assertion, although recurrent in certain judgments and political documents, is quantitatively false. As this article concludes, cases of excessive prices in European competition law are not rare.

Without being exhaustive, this article reports 28 cases at the European level and 99 cases at the national level between 1971 and 2021. (Less)
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author
publishing date
type
Contribution to journal
publication status
published
subject
in
Concurrences
volume
2023
issue
3
article number
N° 113222
publisher
Institute of Competition Law
ISSN
2116-0090
language
English
LU publication?
no
id
2c336a9f-7c33-4eff-9830-29ec057ffc88
alternative location
https://awards.concurrences.com/en/awards/2024/academic-articles/are-excessive-pricing-cases-few-and-far-between-a-quantitative-analysis-of
date added to LUP
2024-09-27 16:26:25
date last changed
2024-09-30 09:28:05
@article{2c336a9f-7c33-4eff-9830-29ec057ffc88,
  abstract     = {{The prohibition against excessive pricing dates back to the years of Babylonian King Hammurabi. Nevertheless, the prohibition is described by many as being “controversial” and against “mainstream economics”, which is why it should be applied rather sparsely. <br/><br/>It has also rather routinely been claimed that the actual number of excessive pricing cases is “scarce”, “limited” and so on. Despite the historical roots, and even though the prohibition represents what many laypeople (and scholars) would understand as the prima facie function of competition law, the prohibition in many textbooks and commentary is still described as an “oddity.” <br/><br/>This assertion, although recurrent in certain judgments and political documents, is quantitatively false. As this article concludes, cases of excessive prices in European competition law are not rare. <br/><br/>Without being exhaustive, this article reports 28 cases at the European level and 99 cases at the national level between 1971 and 2021.}},
  author       = {{Kianzad, Behrang}},
  issn         = {{2116-0090}},
  language     = {{eng}},
  number       = {{3}},
  publisher    = {{Institute of Competition Law}},
  series       = {{Concurrences}},
  title        = {{Are excessive pricing cases few and far between? A quantitative analysis of fifty years of European jurisprudence 1971–2021}},
  url          = {{https://awards.concurrences.com/en/awards/2024/academic-articles/are-excessive-pricing-cases-few-and-far-between-a-quantitative-analysis-of}},
  volume       = {{2023}},
  year         = {{2023}},
}