Journal Article

FORM- VERSUS EFFECTS-BASED APPROACHES TO THE ABUSE OF A DOMINANT POSITION: THE CASE OF TICKETMASTER IRELAND

Paul K. Gorecki

in Journal of Competition Law & Economics

Volume 2, issue 3, pages 533-548
Published in print September 2006 | ISSN: 1744-6414
Published online December 2006 | e-ISSN: 1744-6422 | DOI: http://dx.doi.org/10.1093/joclec/nhl014
FORM- VERSUS EFFECTS-BASED APPROACHES TO THE ABUSE OF A DOMINANT POSITION: THE CASE OF TICKETMASTER IRELAND

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Abstract

The paper applies a form-based and an effects-based approach to determine whether allegations that TicketMaster Ireland's exclusive contracts with the two leading promoters on the island of Ireland resulted in high or excessive prices for the ticketing services provided by TicketMaster Ireland to consumers. The form-based approach strongly supported the allegations of high prices based on exclusive contracts, while the effects-based analysis found, correctly, that countervailing buyer power, efficiencies and other factors meant that TicketMaster Ireland was neither dominant nor that its conduct was anticompetitive. The paper concludes with some suggestions as to the more general implications for the burden of proof in such exclusive contract cases.

Journal Article.  6244 words. 

Subjects: Competition Law ; Economics

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