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Damien Geradin, Nicolas Petit, PRICE DISCRIMINATION UNDER EC COMPETITION LAW: ANOTHER ANTITRUST DOCTRINE IN SEARCH OF LIMITING PRINCIPLES?, Journal of Competition Law & Economics, Volume 2, Issue 3, September 2006, Pages 479–531, https://doi.org/10.1093/joclec/nhl013
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Abstract
The main objective of this article is to shed light on the compatibility of price discrimination with EC competition law. We offer an analytical framework which distinguishes between different categories of price discrimination depending on their effects on competition. Our framework suggests that different tests are needed to assess the lawfulness of price discrimination practices under EC competition law. A related objective of the article is to show that Article 82(c), the main Treaty provision dealing with price discrimination, should only be applied to the limited circumstances where a non-vertically integrated dominant firm price discriminates between customers with the effect of placing one or several of them at a competitive disadvantage vis-a-vis other customers (secondary line injury price discrimination). In contrast, Article 82(c) should not be applied to pricing measures designed to harm the dominant firm's competitors (first line-injury price discrimination) or to partition the single market across national lines.