Continuing Education - Professional Courses

Message from the directors of the Barcelona GSE Intensive Course on Competition Economics: Abuse of Dominance

The treatment of abusive (or monopolization) practices by dominant firms is certainly one of the most controversial areas in competition policy. This is apparent in the very different approaches that have been adopted in the main competition jurisdictions. In the US it is extremely rare that courts find in favor of plaintiffs in cases such as predation, exclusive dealing, rebates and margin squeeze – even in circumstances where anticompetitive effects would have arguably deserved more attention. At the other extreme, in the EU dominant firms have been repeatedly sanctioned by competition agencies and courts for such practices, at times disregarding potential efficiency considerations. More recently however, EU policy in this area is moving towards a more economic effects-based approach.

Modern economic theory goes beyond the conventional "Chicago School" stance (according to which there is little room for the possibility that dominant firms might exclude rivals at the expense of consumers). It suggests a more nuanced approach, and identifies simple rules which may guide competition law in this area. Economic analysis can also suggest circumstances where anti- or pro-competitive effects are more likely, and provides possible theories of harm that one should check against the facts of the case at hand.

A proper understanding of abusive practices is extremely important for a modern economy, because wrong policies in this area can be welfare detrimental either by weakening competition (when dominant firms can exclude new or small rivals), or at the other extreme by impeding practices which lead to lower prices or higher investments.

The Barcelona GSE Intensive Course on Competition Economics: Abuse of Dominance will provide participants (whether lawyers or economists, working for firms or in agencies) with a thorough understanding of the most recent economic theories of monopolization, will help them apply these concepts in practice, and will review actual cases in the light of an effects-based approach. The program’s faculty includes some of the leading academic economists in the area of abuse of dominance, and practitioners with extensive experience of the application of economic techniques to competition cases in this area.

Giulio Federico (Chief Economist Team, DG-Competition, European Commission; and Barcelona GSE guest professor) PhD, Oxford University   Giulio Federico is a member of the Chief Economist Team at the Directorate General for Competition (European Commission). He is also a Guest Professor of the Barcelona GSE, where he has taught on the master program in Competition and Market Regulation since 2007. Prior to joining the European Commission in December 2011, he worked for over 10 years as an economic consultant on competition and regulatory issues, and was a Vice-President at Charles River Associates. As part of his consultancy work, he has provided economic advice in various abuse of dominance matters including Tomra (European Commission), Comair v. SAA (South African Competition Tribunal), ENI (European Commission), as well as several cases in other jurisdictions. He has particular expertise of competition issues in the gas and electricity sector.

Massimo Motta (ICREA-UPF and Barcelona GSE) PhD, LSE and Université Catholique de Louvain   Massimo Motta is ICREA Research Professor at Universitat Pompeu Fabra and the Dean of the Barcelona GSE. He founded the School's master program in Competition and Market Regulation and still teaches in the program. He is Fellow of the European Economic Association, a member of the Economic Advisory Group on Competition Policy at the European Commission, and advises the South Africa’s Competition Commission. His research papers have been published in the top international economic journals, and his book, Competition Policy: Theory and Practice (Cambridge University Press, 2004), is the standard international reference on the economics of antitrust, and is used by teachers, scholars, and practitioners.