Discounting Flashcards

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1
Q

What is Article 102 of the Treaty on the Functioning of the European Union (TFEU)?

A

Article 102 prohibits the abuse of a dominant position within the internal market.

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2
Q

True or False: Article 102 applies only to companies operating within the European Union.

A

True

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3
Q

What does Chapter 2 of the Competition Act 1998 in the UK correspond to in EU law?

A

Chapter 2 corresponds to Article 102 TFEU regarding the abuse of a dominant position.

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4
Q

Fill in the blank: Discounting practices that are predatory may violate ______ law.

A

competition

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5
Q

What is a common form of abusive discounting under Article 102?

A

Predatory pricing, where a dominant firm sets prices below cost to eliminate competition.

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6
Q

Multiple Choice: Which of the following is NOT a factor in determining the legality of discounting practices?

A

The company’s market share in unrelated markets

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7
Q

What is the purpose of discounting in competition law?

A

To assess whether discounting practices distort competition or harm consumers.

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8
Q

True or False: Loyalty discounts can be considered anti-competitive under Article 102.

A

True

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9
Q

What is a key criterion for assessing discounting practices under Chapter 2?

A

Whether the discounting practices strengthen the dominant position of a firm.

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10
Q

Fill in the blank: A firm may be found in violation of Article 102 if its discounting practices have an ______ effect.

A

anti-competitive

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11
Q

What is an example of a legitimate discounting strategy?

A

Volume discounts that benefit consumers without harming competition.

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12
Q

Multiple Choice: Which of the following is a potential consequence of infringing Article 102?

A

Imposition of fines and requirement to cease the anti-competitive behavior.

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13
Q

What must be demonstrated to prove predatory pricing?

A

That the pricing is below the average variable cost and intended to eliminate competition.

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14
Q

True or False: All discounting practices are illegal under EU and UK competition law.

A

False

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15
Q

What is the significance of the term ‘dominant position’ in competition law?

A

It refers to a firm’s ability to behave independently of competitive pressures.

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16
Q

Fill in the blank: The concept of ______ is crucial for understanding whether a company holds a dominant position.

A

market power

17
Q

What role do market definitions play in assessing discounting practices?

A

They help determine whether a firm holds a dominant position in a relevant market.

18
Q

Multiple Choice: Which of the following is a common defense used by firms against allegations of abusive discounting?

A

Claiming that the discounts benefit consumers by lowering prices.

19
Q

What is the relationship between discounting and consumer welfare in competition law?

A

Discounting can enhance consumer welfare if it promotes competition and lowers prices.

20
Q

True or False: The UK competition law framework mirrors that of the EU after Brexit.

A

True