Exploitative abuse

from Wikipedia, the free encyclopedia

In antitrust law , abuse of exploitation , including abuse of price levels, is understood to mean behavior to exploit a dominant market position , in addition to abuse of obstacles and structural abuse .

In contrast to the abuse of disability, the abuse of exploitation has an impact on the demand side, in that a company charges a price for its products "which is out of proportion to the economic value of the service provided".

This is based on the assumption that dominant companies can offer their products at a price at which its marginal revenue their marginal costs respectively. However, this Cournot price is higher than the competitive price, where the price equals the marginal cost of production, and the amount of Cournot is less than the amount produced at competitive prices. The competitive price, which is used as a yardstick for setting prices, is very difficult to determine because a company that dominates the market is able to actively influence prices. For this reason, the following concepts were developed to determine the competition price:

  • based on the prices on comparable markets, whereby a distinction is made between spatial, material and temporal comparison markets (comparison market consideration) and
  • based on a cost and profit analysis of the company (investigation of the pricing factors)

The abuse of exploitation is prohibited according to Art. 101, 102 TFEU and Section 19 (2) No. 2 GWB .

However, these concepts have recently reached their limits. The German Federal Cartel Office accuses Facebook of abusing its market position by violating data protection law . This should in particular be the case that the company also allows the possibility of data processing outside the platform in its terms of use. However, whether data protection violations also violate the anti-trust prohibition of abuse of market power is controversial.

Web links

Individual evidence

  1. ↑ ECJ , judgment of February 14, 1978, 27/76, Slg. 1978, 207, No. 249 - United Brands
  2. ↑ Florian Bien: European and German Antitrust Law University of Würzburg , status: October 7, 2014, p. 57 ff. (Script)
  3. ^ Abuse of exploitation Westfälische Wilhelms-Universität Münster / Institute for Cooperatives, Glossary, accessed on July 24, 2017
  4. ↑ ECJ, judgment of November 13, 1975, 26/75, Slg. 1975, 1367, No. 11 f. - General Motors
  5. ↑ BGH, decision of May 15, 2012 - KVR 51/11 water prices Calw (on Section 19 (4) No. 2 GWB old version )
  6. ↑ Art. 101 TFEU ( Memento of the original of June 17, 2016 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.aeuv.de
  7. ↑ Art. 102 TFEU
  8. ↑ http://www.bundeskartellamt.de/SharedDocs/Meldung/DE/Pressemitteilungen/2017/19_12_2017_Facebook.html
  9. ↑ https://www.telemedicus.info/uploads/Dokumente/SebastianTelle_Konditionabuse throughAusplnderungvonPlattform- Nutzerdaten_WRP2016814.pdf