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EUROPEAN COMMISSION DG Competition - page 24 / 113

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  • 2)

    Policy sustainable –Deter from cheating

  • 49.

    Secondly, the implementation of the common policy must be sustainable over time,

which presupposes the existence of sufficient deterrent mechanisms, which are sufficiently severe to convince all the undertakings concerned that it is in their best interest to adhere to the common policy.48

  • 3)

    Insufficient constraints from third parties

  • 50.

    Finally, it must be established that competitive constraints do not jeopardise the

implementation of the common strategy.49 As in the case of single dominance, it must be analysed what is the market position and strength of rivals that do not form part of the collective entity, what is the market position and strength of buyers and what is the potential for new entry as indicated by the height of entry barriers.

  • 5.

    FRAMEWORK FOR ANALYSIS OF EXCLUSIONARY ABUSES

  • 51.

    This section describes in general terms the framework that could be used by the Commission

in its analysis of exclusionary abuses. More detailed descriptions of the analysis of individual abuses are given in the following sections.

DP deals only with most common exclusionary abuses 52. This discussion paper only deals with exclusionary abuses and in that category only with the most common abuses, that is, predatory pricing, single branding and rebates, tying and bundling, and refusal to supply.

DP excludes excessive pricing & discrimination unless foreclosing 53. The fact that this paper only deals with exclusionary abuses means that some abuses are not analysed in this paper (for instance excessive pricing) and that others are only analysed to the extent that they may have exclusionary effects (for instance discrimination).

48

Idem.

49

Idem.

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