Efficiency and capabilities in Article 102 TFEU
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2041-7764; 2041-7772
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Journal of European competition law & practice, 2024, Vol. 15, No. 3, pp. 178-187
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ÜNEKBAŞ, Selçukhan, Efficiency and capabilities in Article 102 TFEU, Journal of European competition law & practice, 2024, Vol. 15, No. 3, pp. 178-187 - https://hdl.handle.net/1814/92616
Abstract
The efficient competitor principle is a cornerstone of competition law. It acts as a guidepost to distinguish anticompetitive conduct from beneficial business practices. Accordingly, unilateral conduct becomes illegal if equally efficient competitors of the dominant firm cannot replicate it.1 Put differently, the AEC principle establishes that effective market structures can be maintained by limiting the ability of dominant firms to foreclose equally efficient rivals. By contrast, excluding less efficient competitors does not diminish the effectiveness of a market structure and, thus, does not harm consumers.
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Published online: 08 April 2024