Home >> European Competition Journal, Volume 6, Number 2

Joint Dominance and Tacit Collusion: Some Implications for Competition and Regulatory Policy

Authors: Massey, Patrick; McDowell, Moore

Source: European Competition Journal, Volume 6, Number 2, August 2010 , pp. 427-444(18)

Publisher: Hart Publishing

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Abstract:

The article takes as its starting point the Irish telecom regulator, ComReg's, finding of joint dominance in the mobile phone market in Ireland. The case raises wider questions about the whole concept of joint dominance as it has evolved under EU competition law, which in the authors' view is confused. The article argues that the approach of the EU Commission and Court of Justice in trying to use a single approach to joint dominance in both merger and competition cases is unjustified, misguided and at odds with economic analysis. It suggests that evidence that the market structure is conducive to coordination is sufficient for merger analysis but argues that more is required in Article 82 and regulatory cases. In such cases the appropriate test is whether or not the observed behaviour of the players constitutes a Nash equilibrium in a single shot game.
More about this publication?
  • This scholarly, peer-reviewed publication of original articles and analysis of current developments in competition law is designed to complement and augment the existing literature with a special focus on European developments. Topics include:
    • Vertical and Conglomerate Mergers
    • Enlargement of the Union - the ramifications for Competition Policy
    • Unilateral and Coordinated Effects in Merger Control
    • Modernisation of European Competition law
    • Cartels and Leniency
    • Article 82- restatement or evolution?
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