scholarly journals Abuse of Dominance Enforcement under Latin American Competition Laws

Author(s):  
Russell Pittman ◽  
Maria Tineo
Author(s):  
Tilottama Raychaudhuri

An ongoing debate in competition jurisprudence today is with respect to the enforcement of competition law in digital markets. Digital markets are newer markets in context of which traditional tools of competition law have to be understood and applied. Though the challenges of competition enforcement in digital markets are manifold, this paper focusses on the assessment of dominance and abuse in platform markets, particularly in light of the 2019 Supreme Court judgement in the Uber matter. The Supreme Court’s opinion that loss-making pricing can be an indicator of dominance is inconsistent with the Competition Commission of India’s (CCI) views, which had cautioned against this circular interpretation of dominance and put the issue to rest. The author submits that conflicting interpretations such as these erode the certainty of the law. Competition laws can be flexible but not uncertain or unpredictable. The author identifies areas of concern in digital platforms that are yet unresolved and need to be addressed urgently by guidelines/amendments before the law on this issue becomes incoherent.


Author(s):  
David J. Gerber

The more than 100 competition/antitrust laws around the world play major roles both at home and in other countries. They influence each other in ways that affect decisions everywhere. The book is a new kind of guide that makes this world accessible to anyone, anywhere. It provides a new set of tools to organize the vast amount of data about competition laws in ways that reveal what is happening and what is driving decisions. Using a global perspective, it defines competition law in a way that is applicable to all competition law systems and then examines competition law goals, methods, and institutions and the forces that drive them. It devotes an entire chapter each to US antitrust law and European competition law as well as sections for East Asian, Latin American, and developing country competition law patterns. It shows how competition law regimes relate to each other as parts of a global system with its own patterns and dynamics. Transnational public and private institutions, including law firms, management and economic consultancy firms, accounting firms, and others are part of this system. By combining clear analysis of the elements of individual regimes with the transborder forces that influence them, it gives lawyers, students, officials, and scholars the tools they need to understand and operate in this complex and often misunderstood world.


Author(s):  
David J. Gerber

A firm acting alone—that is, unilaterally—can also harm competition. If it has sufficient influence on a market, it can exclude rivals or limit their capacity to compete. Competition law regimes typically contain provisions prohibiting such conduct. Most use the concept of abuse of dominance to identify and combat it, but a few, including the US, use the term “monopolization” for this purpose. This component of competition law is often controversial and politically sensitive, and globalization increases this tension. This chapter identifies the issues in applying competition law to single firm conduct and reveals how regimes decide whether to pursue it. A single firm can harm competition only if it has sufficient power to influence a particular market, so the chapter looks at how regimes assess this power, how they define the relevant market, and which kinds of conduct constitute a competition law violation. Although most competition laws target this type of conduct, variations in actual treatment are great. The Guide outlines the global patterns and the factors that lead to them.


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