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Relevant bibliographies by topics / Abusive pricing

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Academic literature on the topic 'Abusive pricing'

Author: Grafiati

Published: 4 June 2021

Last updated: 7 February 2022

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Journal articles on the topic "Abusive pricing"

1

Minn, Mari. "Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse." TalTech Journal of European Studies 10, no. 3 (2020): 91–108. http://dx.doi.org/10.1515/bjes-2020-0023.

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Abstract Normally, after the end of the exclusivity period offered by patents, medicines fall in public domain attracting competing companies to launch generic production that would bring down price levels. for different reasons, generic production of off-patented medicines does not always take place, allowing the main producer to continue dictate price levels. under some circumstances, this conduct may turn into exploitative abuse. However, excessive pricing itself is not anti-competitive unless other cost-and non-cost-related factors are present that turn excessive pricing a concern of compe

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O’Rourke, Laurence. "Impact of Differential Pricing on Barge Freight Transportation." Transportation Research Record: Journal of the Transportation Research Board 1820, no. 1 (2003): 11–16. http://dx.doi.org/10.3141/1820-02.

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Through the Staggers Rail Act (1980) and the Railroad Revitalization and Regulatory Reform Act (1976), Congress deregulated railroad pricing to improve the financial health of the industry. Deregulation legalized differential pricing—the policy of charging customers different prices according to their willingness to pay. While the railroads have returned to profitability, shippers have been angered by railroad pricing strategies that are seen as abusive. Railroads have refused to quote rates to competing transportation facilities or have set prices to divert traffic onto the rail network. An e

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Bara, Zoltán. "Economic Principles of Predatory (Exclusionary) Pricing in the US and in the EU their (mis)Application in Some Recent Competition Law Cases of the European Community Commission and the Court of First Instance." Competitio 8, no. 1 (2009): 26–45. http://dx.doi.org/10.21845/comp/2009/1/2.

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Predatory pricing is one of the most debated issue among the many possibly abusive behaviors of a dominant firm. The general prohibition of the abuse of a dominant power in the competition law is meantto render more difficult to use that power but not to disable them to compete. The borderline between a rough but lawful competitive behavior of a dominant firm and the illegal abuse of the market power could sometimes be very narrow. One of that narrow line is associated with the so called predatory pricing or exclusionary pricing. One of the necessary preconditions for predatory pricing is that

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Brodzka, Alicja. "Better governance through more transparency on advance cross-border tax rulings." Journal of Governance and Regulation 6, no. 1 (2017): 7–11. http://dx.doi.org/10.22495/jgr_v6_i1_p1.

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In recent years, the challenge posed by tax fraud and tax evasion has increased considerably and has become a major concern within the European Union. As a consequence, in the European initiatives a special emphasis has been laid on the actions aimed at reinforcing the anti-abuse provisions in bilateral tax treaties, national legislation and EU corporate legislation. Any artificial arrangement carried out for tax avoidance purposes would be ignored and companies would be taxed instead on the basis of actual economic substance. The aim of the article is presenting the European initiative aimed

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Gathii, James Thuo. "Recharacterizing Corruption to Encompass Illicit Financial Flows." AJIL Unbound 113 (2019): 336–40. http://dx.doi.org/10.1017/aju.2019.60.

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Anticorruption treaties generally define corruption as the abuse of entrusted power for private gain. As such, global anticorruption efforts primarily target transactions involving the bribery of governmental officials. The definition excludes transactions in which multinational corporations deprive developing states of revenue by failing to pay taxes and other monies due. Yet such transactions are equally injurious to the development agenda of poor states. This essay argues that corruption should be redefined to encompass illicit financial flows, a term used by a growing network of tax and ec

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Edoun, Emmanuel Innocents, Alexandre Essome Dipita, and Dikgang Motsepe. "Illicit financial flows and foreign direct investment in developing countries." Risk Governance and Control: Financial Markets and Institutions 6, no. 4 (2016): 442–47. http://dx.doi.org/10.22495/rgcv6i4siart1.

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Africa is facing a number of challenges that are negatively affecting socio-economic development at all levels of governments and local governments are expected to play a leading role for Africa’s development. One of these challenges are illicit financial flows that are perceived by many as a crime against Africa’s transformation. The continent is losing billions of dollars every year because of tax evasion, corruption and inappropriate transfer pricing and maladministration. With tax being one of Africa’s main sources of revenue, current and past researches revealed that, illicit financial fl

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Bogojević, Aleksandar. "Abuse of the Dominant Position with Predatory Pricing Strategy // Zloupotreba dominantnog položaja strategijom predatorskih cijena." Годишњак факултета правних наука - АПЕИРОН 9, no. 9 (2019): 226. http://dx.doi.org/10.7251/gfp1909226b.

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The abuse of a dominant position is a way of disrupting the market competition of business entities, which leaves heavy consequences on the market structure. One of the forms of abusing the dominant position is using the predatory pricing, as a strategy that is increasingly in practice today for the purpose to eliminate competition in a particular market and that practice is very difficult to prove. Through this work, attempts are made to determine the parameters that will distinguish the occurrence of normal market competition, where business entities eject their competitors from the market t

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Jan Louis Van Tonder. "Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and Predatory Prices (Part 1)." Obiter 41, no. 4 (2021): 831–49. http://dx.doi.org/10.17159/obiter.v41i4.10490.

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Important pronouncements of legal principle were recently made by the Competition Appeal Court and Constitutional Court on the determination of predatory pricing under section 8 of the Competition Act 89 of 1998. These pronouncements must now be seen in the context of the subsequent commencement of certain provisions of the Competition Amendment Act 18 of 2018, which affect predatory pricing cases under section 8 of the Act. In light of these developments, the main aim of this series of three articles is to evaluate the law relating to the economic concept of predatory pricing under the Compet

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Moisejevas, Raimundas. "Predatory Pricing: A Framework for Analysis." Baltic Journal of Law & Politics 10, no. 1 (2017): 124–55. http://dx.doi.org/10.1515/bjlp-2017-0005.

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Abstract One of the key principles of EU Competition law is a prohibition of the abuse of a dominant position established in the Article 102 of the TFEU. Predatory pricing is one of the forms of the abuse of dominant position. To decide whether the dominant undertaking has referred to predatory pricing it is necessary to check several elements: costs and prices of the dominant undertaking; the possibility to recoup losses; intent; and objective justifications. The Court of Justice, the European Commission and competition institutions in most member states perform extensive analysis of a relati

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Murgatroyd, Richard, and Simon Baker. "Does import parity pricing constitute evidence of excessive pricing and what are the consequences of attempting to remedy it?" Journal of Economic and Financial Sciences 4, no. 3 (2011): 167–82. http://dx.doi.org/10.4102/jef.v4i4.372.

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Although provisions prohibiting abuses of dominance through the setting of excessive prices have long been present under many competition jurisdictions, prohibitions have been seldom applied in practice. This is most likely due to the profound conceptual and practical difficulties in differentiating between pricing conduct that is neutral from a competition law perspective and conduct that genuinely constitutes excessive pricing, and then further problems in remedying genuine abuses. However, recent developments in South African competition policy have focussed on use of import parity pricing

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Dissertations / Theses on the topic "Abusive pricing"

1

Marquez, Carlos Pablo. "Abusive pricing policy for emerging economies : the case of excessive pricing and price predation in Latin America." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:b7ac6524-5971-4181-a847-fe2f7035c395.

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For several years, the literature has discussed whether a country’s particular economic circumstances should be taken into account in competition law and policy design. This thesis discusses whether economic growth should be considered as the guiding principle for Latin American Emerging Economies’ competition law and policy design. It specifically explains why having economic growth as competition policy’s guiding principle makes a difference in choosing superior rules and standards, among the large range of efficient rules. In order to explain how economic growth as a guiding principle has a

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Bacevičiūtė, Asta. "Nesąžiningų kainų nustatymas kaip piktnaudžiavimo dominuojančia padėtimi forma." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060505_103908-63822.

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This work includes analysis of application of rules of the Competition law in European Community and in the Republic of Lithuania, those concerned to the abuse of the dominant position connected to unfair pricing. There is laid the detailed explanation of concept of the unfair pricing, distinguishing the four groups of such pricing – excessive pricing, „predatory” pricing, discriminatory pricing and unfair discounts and rebates.

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Tran, Ngoc Nha Tinh. "EU Competition Law under Ordoliberalism - A case study of Excessive Pricing in Pharmaceutical Sector." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23820.

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The purpose of this study is to conceptualize the ideational influence of Ordoliberalism on EU Competition Law while addressing a problematic social issue that has been witnessing a surge in the number of cases, which is excessive price abuse under Article 102(a) of the Treaty on the Functioning of the European Union (TFEU) within the spectrum of pharmaceutical sector. By utilizing Nedergaard (2020)’s analytic framework for Ordoliberalism’s operationalization, the study successfully proves the impacts of five characteristics of Ordoliberalism, including Politics by rules, Economic Constitution

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Kačerauskas, Karolis. "Piktnaudžiavimo dominuojančia padėtimi, pasireiškiančio nesąžiningų kainų nustatymu esmė ir ypatumai: grobuoniškos kainodaros problema." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070102_135648-96512.

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The abuse of dominant position by establishing predatory pricing raises when the undertaking, seeking to eliminate its competitor determines to sell goods for unreasonably low price, while after elimination or weakening of competition subsequently raises those prices in order to recoup losses and earn higher profits. In theory there is consensus that determination of such pricing must be based of two-tier tests, which are comprised of price-cost comparison and analysis of subjective intent. Such test has been determined in AKZO case and until recently is applicable in the EC and Lithuanian com

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Liu, Jun-Hung, and 劉俊宏. "Regulation on Monopoly Abuse under the Fair Trade Law－The example of Predatory Pricing." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/74092577963172377934.

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碩士<br>國立成功大學<br>法律學研究所<br>95<br>This paper focuses on the research for relevant market, definition of monopoly, monopolist, and legal liability for predatory pricing under the fair trade law or antitrust law. This paper is divided into the following six charters: 　The first Charter remarks the motives and methods of this paper, and also reviews some academic studies of the similar topic. 　In Charter Two, this paper remarks the market structure in economics and the relevant market in antitrust law. The former includes perfect competition market, monopolistic competition market, oligopoly mark

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Mikeš, Stanislav. "Zneužití dominantního postavení nedovolenými cenovými praktikami." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-310795.

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Abuse of the Dominant Position by Prohibited Pricing Activities Abstract This thesis analyzes selected pricing practices of dominant undertakings namely predatory pricing, margin squeeze and excessive pricing. These practices may, under certain circumstances, constitute an abuse of the dominant position. The aim of the thesis is to focus on problematic aspects of each of these practices, on explanation of various legal and economic tests used to prove that certain pricing policy constitutes an abuse of dominant position and on the description of conditions that have to be met in order to consi

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Cejpek, Jan. "Ochrana hospodářské soutěže se zaměřením na cenové praktiky." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-308999.

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Legal rules protecting the economic competition against abusive pricing practices are traditionally part of the public branch of competition law. Sensitive drafting of the law by legislator or the prudence of law interpretation by the competition authority or the court in the specific case predetermines the companies` willingness to develop dynamically on the relevant market. Legislation of the poor quality prospectively misleading decisional practice can lead in two extreme situations; on one side unlimited freedom for the dominant company, on the other side unfounded and excessive sanctions,

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Bob, Vanessa. "An examination of base erosion and profit shifting exposure for South Africa." Thesis, 2016. http://hdl.handle.net/10539/19410.

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A research report submitted to the Faculty of Commerce, Law and Management, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Master of Commerce (specialising in Taxation) Johannesburg, 2014<br>Base erosion and profit shifting (BEPS) is a key concern in international tax. In 2010 the Organization for Economic Co-operation and Development (OECD) was tasked with the study of BEPS. In 2013 the OECD released the study report “Addressing base erosion and profit shifting” emphasising BEPS and the risk for the world’s economies and tax bases.

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Villas-Boas, Maria Sofia Sousa Cardoso. "Os preços predatórios como modalidade de abuso de posição dominante : como determinar a diferença entre uma prática predatória e uma prática de normal concorrência." Master's thesis, 2015. http://hdl.handle.net/10400.14/18957.

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A presente dissertação tem por objeto a problemática representada pela ténue diferença entre uma prática predatória e uma prática concorrencial normal - ainda que agressiva - sendo não raras vezes muito difícil a sua distinção para efeitos das leis de defesa da concorrência. Através de uma cuidada análise tanto das decisões da jurisprudência nacional, europeia e internacional sobre a matéria bem como das reflexões e contributos doutrinais existentes sobre a mesma, o nosso objetivo fundamental foi o de identificar e densificar os critérios a seguir para a distinção entre práticas concorrenciai

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Sullivan, Maria Beatriz Coelho de Carvalho Pinto. "Abusos de exclusão : estudo comparatístico entre o ordenamento jurídico europeu e norte-americano." Master's thesis, 2020. http://hdl.handle.net/10400.14/33685.

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Com o presente trabalho pretende-se estudar a aplicação do artigo 102º TFUE e do Section 2 do Sherman Act a situações verificadas no mercado, no que toca a práticas de preços predatórios. O abuso de posição dominante, através de uma prática de preços predatórios, configura-se num comportamento de exclusão que prejudica tanto a concorrência como os consumidores. Nesta conjuntura, percorrem-se vários pontos importantes, designadamente as construções jurisprudenciais e doutrinais existentes, bem como a análise dos preceitos legais em vigor. Desta forma, esta investigação, com base na sucessiva an

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Books on the topic "Abusive pricing"

1

Alekseeva, I. A. Zhestokoe obrashchenie s rebenkom: Prichiny, posledstvii︠a︡, pomoshchʹ. Genezis, 2005.

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Kirillov, M. A. Vovlechenie zhenshchin v kriminalʹnyi narkotizm: Kriminologicheskai︠a︡ kharakteristika, prichiny, mery preduprezhdenii︠a︡ : monografii︠a︡. Cheboksarskiĭ kooperativnyĭ in-t, 2009.

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Allegations of waste, fraud, and abuse in pharmaceutical pricing: Financial impacts on federal health programs and the federal taxpayer : hearing before the Committee on Oversight and Government Reform, House of Representatives, One Hundred Tenth Congress, first session, February 9, 2007. U.S. G.P.O., 2007.

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Office, General Accounting. Tax administration: IRS' advance pricing agreement program : report to the Honorable Byron L. Dorgan, U.S. Senate. The Office, 2000.

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Accountability, Florida Office of Program Policy Analysis and Government. OPPAGA progress report: Changes to Medicaid preferred drug list requirements and competitive bidding pharmacy contracts could save an additional $86.6 million in 2003-04. Florida Office of Program Policy Analysis and Government Accountability, 2003.

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Florida. Office of Program Policy Analysis and Government Accountability. OPPAGA progress report: Child Protection Program makes needed changes but lacks data for evaluating results of initiatives. The Office, 2003.

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Florida. Office of Program Policy Analysis and Government Accountability. OPPAGA progress report: Improvements needed in the Department of Children and Families Adult Services Program. The Office, 2003.

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Accountability, Florida Office of Program Policy Analysis and Government. OPPAGA progress report: Developmental Disabilities Program takes action on some recommendations; still needs to address service issues to better meet its client needs. Florida Office of Program Policy Analysis and Government Accountability, 2003.

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Office, General Accounting. Tax administration: Reducing delays in the pursuit of tax revenue on closed criminal cases : report to the Joint Committee on Taxation. The Office, 1989.

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Office, General Accounting. Tax administration: Results of IRS' mid-fiscal year 1989 financial review : report to the Chairman, Subcommittee on Oversight, Committee on Ways and Means, House of Representatives. The Office, 1989.

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Book chapters on the topic "Abusive pricing"

1

Jenny, Frederic. "Abuse of Dominance by Firms Charging Excessive or Unfair Prices: An Assessment." In Excessive Pricing and Competition Law Enforcement. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-92831-9_2.

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Peter, Augustine, and Neha Singh. "Excessiveness of Prices as an Abuse of Dominant Position: The Case of India." In Excessive Pricing and Competition Law Enforcement. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-92831-9_10.

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Whish, Richard, and David Bailey. "17. Abuse of dominance (1): non-pricing practices." In Competition Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198779063.003.0017.

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This chapter considers abusive non-pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It deals in turn with exclusive dealing agreements; tying; refusals to supply; abusive non-pricing practices that are harmful to the single market; and miscellaneous other non-pricing practices which might infringe Article 102 or the Chapter II prohibition. Reference is made where appropriate to the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings.

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Whish, Richard, and David Bailey. "17. Abuse of dominance (1): non-pricing practices." In Competition Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198836322.003.0017.

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This chapter considers abusive non-pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It deals in turn with exclusive dealing agreements; tying; refusals to supply; abusive non-pricing practices that are harmful to the single market; and miscellaneous other non-pricing practices which might infringe Article 102 or the Chapter II prohibition. Reference is made to the case-law of the Court of Justice and the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings

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Whish, Richard, and David Bailey. "18. Abuse of dominance (2): pricing practices." In Competition Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198779063.003.0018.

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This chapter considers abusive pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It discusses cost concepts used in determining whether a price is abusive and deals with excessive pricing; conditional rebates; bundling; predatory pricing; margin squeeze; price discrimination; and practices harmful to the single market. Price discrimination may be both exploitative and exclusionary and an excessively high price may be a way of preventing parallel imports or excluding a competitor from the market; but the division may provide helpful insights into the way in which the law is applied in practice. In each section the application of Article 102 by the European Commission and the EU Courts is considered, followed by cases in the UK. Where appropriate, reference is made to the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings.

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Marco Colino, Sandra. "16. An analysis of the principal abusive practices." In Competition Law of the EU and UK. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198725053.003.0016.

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This chapter focuses on the most important pricing and non-pricing practices, which together constitute the larger part of the anti-competitive and exploitative abuses of dominant firms. The types of conduct considered abusive of market power are similar under most competition regimes, and include both pricing and non-pricing practices. The ‘form-based’ analysis of abusive practices is progressively shifting to an ‘effects-based approach’. In the EU and the UK, both exclusionary and exploitative abuses may fall foul of the relevant competition law provisions. Exclusionary practices are usually considered abusive when they are likely to lead to ‘anticompetitive foreclosure’. The EU and UK law and practice in relation to all these potential abuses is and will remain aligned until the UK has formally left the EU.

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Whish, Richard, and David Bailey. "18. Abuse of dominance (2): pricing practices." In Competition Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198836322.003.0018.

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This chapter considers abusive pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It first discusses various cost concepts used in determining whether a price is abusive. It then deals in turn with excessive pricing; conditional rebates; bundling; predatory pricing; margin squeeze; price discrimination; and practices that are harmful to the single market. This taxonomy is over-schematic, in that the categories overlap with one another: for example price discrimination may be both exploitative and exclusionary, and an excessively high price may in reality be a way of preventing parallel imports or of excluding a competitor from the market; nevertheless this division may provide helpful insights into the way in which the law is applied in practice. In each section the application of Article 102 by the European Commission and by the EU Courts will be considered first, followed by cases in the UK. Reference will be made where appropriate to the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings.

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Renato, Nazzini. "Part III Tests of Abuse, 7 The As Efficient Competitor Test." In The Foundations of European Union Competition Law. Oxford University Press, 2011. http://dx.doi.org/10.1093/law-ocl/9780199226153.003.0007.

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This chapter looks at the as efficient competitor test. Under the as efficient competitor test, conduct is prima facie abusive if it is capable of excluding a competitor that is at least as efficient as the dominant undertaking. This test has received strong judicial endorsement in predatory pricing and margin squeeze but not in other pricing abuses, particularly rebates. The as efficient competitor test can be applied dynamically. This means that a practice can be exclusionary when it forecloses competitors that could become as efficient as the dominant undertaking within a reasonable period of time but are prevented from doing so by the allegedly abusive conduct. When this test applies, however, the only approach which is consistent with the purpose of Article 102 is to require proof of actual effects. The as efficient competitor test also applies to determine whether discrimination that is neither exclusionary nor exploitative is abusive under Article 102(c).

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Brock, Gillian, and Rachel McMaster. "Global Taxation and Accounting Arrangements." In Taxation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199609222.003.0013.

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Chapter 12 considers why reforms to several taxation arrangements are needed, especially in the quest to reduce global injustices. The role of tax havens and transfer pricing schemes in facilitating massive tax evasion and abusive tax avoidance are discussed, along with some of the initiatives aimed at improvements. The case for carefully crafted new global taxes, including air ticket taxes and currency transaction taxes, is also considered. The chapter argues that all the reforms proposed here are normatively desirable and feasible. The chapter also engages with the work of prominent proposals concerning global taxation, considering their strengths and weaknesses.

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Ezrachi, Ariel. "9. Monopolies and the abuse of market power." In Competition and Antitrust Law: A Very Short Introduction. Oxford University Press, 2021. http://dx.doi.org/10.1093/actrade/9780198860303.003.0010.

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‘Monopolies and the abuse of market power’ studies monopolies and the abuse of market power. The first step in applying competition law to misuse of market power is the identification of such power. How powerful should you be to be deemed to have market power that could trigger antitrust intervention? Many jurisdictions will use the benchmark of ‘dominant position’, some will use ‘monopoly power’ or ‘monopolization’, while others may focus on the presence of ‘superior bargaining position’. There is a difference in approach between the US and EU competition laws which can be seen through several categories of abuse and monopolization, including predatory pricing, excessive pricing, and refusal to supply or license.

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