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13 Competition & Reg. Network Indus. 2 (2012)

handle is hein.journals/netwin13 and id is 1 raw text is: THE PRICE SQUEEZE TEST AS A 'WILDCARD' AT THE HANDS OF COMPETITION AUTHORITIES: THE EXAMPLE OF THE GREEK BROADBAND INTERNET SERVICES MARKET VASILIKI BRiSiMi* and DEMETRIUS YANNELIS** Abstract fhe article examines a decision adopted by the Hellenic Telecommunications and Post Commission (EETT) under its competition law competence on a margin squeeze allegedly applied by the Greek incumbent in the markets for broadband internet access and services. 7hree main criticisms are addressed to the decision regarding market definition, the imputation test used (and particularly the test for assessing profitability over time), and the proof of likely anti-competitive effects in the relevant market. In light of those criticisms, it is argued that the margin squeeze test for establishing an abuse of dominance is based upon a number of ad hoc assumptions, which might turn it into a discretionary, outcome- oriented device at the hands of the Competition Authorities. Keywords: bitstream access-ULL; emerging market; margin squeeze; NPV analysis; timeframe 1. INTRODUCTION Price squeeze and its conformity with Article 102 TFEU has recently emerged as an important issue in the electronic communications markets in the EU, as many incumbent operators have exercised this strategy in order to foreclose competitive DPhil in Law Cand. University of Oxford St. Hilda's College (vasiliki.brisimiClaw.ox.ac.uk). Professor of Economics, University of Piraeus (yannelis@unipi.gr). The authors would like to thank Professor Angelos Kanas for valuable comments and suggestions. Intersentia

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