Brattle Experts Discuss the Treatment of Excessive and Unfair Pricing in UK Competition Litigation
In a recent article, Brattle Principal Dr. Pinar Bagci and Senior Associate Senthuran Rudran examine how economics informs the legal assessment of excessive pricing under UK and European Union (EU) competition law.
Recent UK Competition Appeal Tribunal decisions – particularly in Le Patourel v BT and Kent v Apple – have raised important questions about how courts interpret and apply the excessive pricing framework to determine whether a price is excessive or unfair. In their article, Dr. Bagci and Mr. Rudran detail the excessive pricing test outlined in United Brands v. Commission, and analyze more recent decisions that have applied the United Brands framework. They determine that, while the United Brands framework remains conceptually sound, it requires more disciplined economic interpretation in complex markets.
The full article, “Treatment of Excessive and Unfair Pricing in Competition Litigation,” is available below.
