Measuring of market power and its importance within the competition law
Vol.21,No.4(2013)
Abstract
Pages:
515–524
In this paper we analyze the term market power, its assessment, measurement and influence on practical application of competition law. Most important aspects that affect market power and are commonly assessed by competition authorities are described. Emphasis is put on the fact that market power cannot be substituted with market share and it is necessary always assess also other aspects like character of relevant market, barriers of entry, countervailing buyer power etc. Methods for direct measurement of market power are also described, especially so called Learner index and possibilities of its application within competition law practice. Use of direct methods and generally more economic approach to competition law within measurement of market power is evaluated on the base of Czech and foreign competition authorities practice. We conclude with regard to practical applicability of direct methods for assessment of market power before courts in the Czech Republic.
515–524
Author biographies
Kamil Nejezchleb
Department of Commercial Law, Faculty of Law, Masaryk University, Brno
doktorand
Zuzana Hajná
Department of Commercial Law, Faculty of Law, Masaryk University, Brno
asistentka soudkyně Nejvyššího správního soudu; externí doktorandka
Copyright © 2016 Kamil Nejezchleb, Zuzana Hajná