The master`s thesis addresses the content and development of the practice of predatory pricing as a violation of competition law in the legal system of the European Union and the United States of America. It concerns the prohibition of abuse of dominance or prohibition of monopolisation, as it may negatively impact »normal« competition in the market. In the master thesis, the author introduces the Areeda-Turner test and the reasoning behind it. By examining the legal framework and case law of both legal systems, the author presents how the institute of predatory pricing has evolved and what the current position is in both sides of the Atlantic. Furthermore, the master thesis presents the requirement of exclusionary intent, as required by the case law of European Union, and the requirement of recoupment, as required by the case law of the United States. This is followed by an examination of the judicial stance on the possibility of predatory pricing existing when the prices set by the dominant undertaking exceed the value of its costs. Simultaneously, the master thesis discusses different perspectives on the practice of predatory pricing in relation to the question of rationality of strategy for dominant undertakings. The master thesis addresses the institute of predatory pricing with the emphasis on assessing the elements of existence as developed by case law.
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