ABSTRACT
An excessive price is a price set by a dominant undertaking excessively above the competitive level in order to exploit its customers. This purpose of exploitation makes an excessive price essentially different from a disguised refusal to supply or a variant of price squeezes. This chapter aims to shed some light on the relevant practices in European Union competition law. Due to the controversy many scholars have submitted that excessive prices can only take place in exceptional circumstances. The chapter evaluates several exceptional circumstances proposed by scholars, and then brings forward its own proposal. Since the European authorities are clearly interventionist in prohibiting excessive prices, it is useful to look at the exceptional circumstances in which prohibition has taken place. The chapter examines the analytical framework established by case law. The European authorities have developed an analytical framework to assess whether a high price could be qualified as an excessive price under Article 102.
