Winkler, Kay2015-05-182022-07-072015-05-182022-07-0720132013https://ir.wgtn.ac.nz/handle/123456789/19287In order to distinguish predatory pricing from competition on the merits, the courts in the United States and in the European Union have established cost-based tests. In contrast, Australia and New Zealand make use of a counterfactual analysis - which has proved controversial when applied in telecommunications cases in New Zealand. The new European effects-based approach advocated by the European Commission entails a counterfactual analysis which is related to the profitability of the conduct. In this presentation it is suggested that such a counterfactual test could be useful in predation cases if it establishes a causal link between the profitability of the conduct and foreclosure effect.pdfen-NZPermission to publish research outputs of the New Zealand Institute for the Study of Competition and Regulation has been granted to the Victoria University of Wellington Library. Refer to the permission letter in record: https://ir.wgtn.ac.nz/handle/123456789/18870Predatory pricingcounter factual analysisText