Discounting Flashcards
What is Article 102 of the Treaty on the Functioning of the European Union (TFEU)?
Article 102 prohibits the abuse of a dominant position within the internal market.
True or False: Article 102 applies only to companies operating within the European Union.
True
What does Chapter 2 of the Competition Act 1998 in the UK correspond to in EU law?
Chapter 2 corresponds to Article 102 TFEU regarding the abuse of a dominant position.
Fill in the blank: Discounting practices that are predatory may violate ______ law.
competition
What is a common form of abusive discounting under Article 102?
Predatory pricing, where a dominant firm sets prices below cost to eliminate competition.
Multiple Choice: Which of the following is NOT a factor in determining the legality of discounting practices?
The company’s market share in unrelated markets
What is the purpose of discounting in competition law?
To assess whether discounting practices distort competition or harm consumers.
True or False: Loyalty discounts can be considered anti-competitive under Article 102.
True
What is a key criterion for assessing discounting practices under Chapter 2?
Whether the discounting practices strengthen the dominant position of a firm.
Fill in the blank: A firm may be found in violation of Article 102 if its discounting practices have an ______ effect.
anti-competitive
What is an example of a legitimate discounting strategy?
Volume discounts that benefit consumers without harming competition.
Multiple Choice: Which of the following is a potential consequence of infringing Article 102?
Imposition of fines and requirement to cease the anti-competitive behavior.
What must be demonstrated to prove predatory pricing?
That the pricing is below the average variable cost and intended to eliminate competition.
True or False: All discounting practices are illegal under EU and UK competition law.
False
What is the significance of the term ‘dominant position’ in competition law?
It refers to a firm’s ability to behave independently of competitive pressures.