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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