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ARTICLE · 31 JANUARY 2014

Excessive pricing: Will antitrust authorities intervene?

Two recent cases - by competition authorities in China and in South Africa -.are interventions against excessive pricing.

AustraliaAntitrust/Competition Law

It is an oddity of antitrust and competition law that – although one of the main benefits of competition, and of competition laws, is supposedly to keep prices down – in reality competition law is very rarely deployed to combat excessive pricing by businesses with monopolistic or dominant market positions. Just recently, however, in 2013, there have been two significant cases of interventions against excessive pricing – by competition authorities in China and in South Africa.

Context

Competition is supposed to benefit consumers by keeping prices down – that is, as low as possible consistent with a reasonable rate of return for the businesses supplying the goods or services concerned. Although it is clearly in the interests of any business to make as much money as possible, and although this might be thought to involve the business charging its customers as much as possible, the fact that the business faces competition acts as a constraint on overcharging its

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