Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 21 SEPTEMBER 2017

When Are Prices "Excessive": Did The Latvian Competition Authority Strike The Right Note?

Dentons
Dentons
Contributor
Dentons

Dentons

The Firm Across over 80 countries, Dentons helps you grow, protect, operate and finance your...

View firm profile
Explore more from Dentons

The ECJ has just ruled that competition regulators have a "certain margin for manoeuvre" in deciding whether prices are excessive, and that there is no single adequate method for such an assessment.

European UnionAntitrust/Competition Law
Adrian Magnus
Adrian Magnus
Rebecca Owen-Howes
Rebecca Owen-Howes
Christopher Graf
Christopher Graf
Sophie Albrighton
Sophie Albrighton
Author LinkedIn connections

The European Court of Justice (ECJ) has just ruled that competition regulators have a "certain margin for manoeuvre" in deciding whether prices are excessive, and that there is no single adequate method for such an assessment.

In 2013, the Latvian Competition Council fined the Consulting Agency on Copyright and Communications and the Latvian Authors' Association (AKKA/LAA) over €32,000 for abuse of a dominant position. AKKA/LAA is a collective rights society: the only authorised entity in Latvia which can sell licences for the public performance of musical works for which it controls the copyright.

The Competition Council found that the licensing fees charged by AKKA/LAA were two to three times higher than those charged in Lithuania and Estonia.  After assessing the fees in line with the purchasing power parity index (PPP index), the fees were 50%-100% higher than the average level charged in all other Member States.  Only Romania charged higher fees to shops and

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Broadcom/VMware: EU General Court Again Weighs In Favour Of Commission’s Broad Information Gathering Powers

The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.
European UnionAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

The CMA Turns To Enterprise Software: Microsoft’s Proposed Strategic Market Status

Until now, the UK’s digital markets regime has been aimed at consumer-facing technology: search engines, app stores, mobile operating systems. On 16 October 2026, the Competition and Markets Authority took it somewhere new, publishing a proposed decision to designate Microsoft as having strategic market status in respect of its business software ecosystem. It is the first time the regime has been turned on the software companies buy for themselves rather than the platforms their customers use.
United KingdomAntitrust/Competition Law
Logan & Partners
Logan & Partners
Article

UK Competition And Markets Authority Publishes Final Revised Merger Efficiencies Guidance

The UK's Competition and Markets Authority has published revised guidance on assessing merger efficiencies, marking a significant shift toward greater receptivity to efficiency-based arguments in merger reviews. The new provisions introduce more flexible evidentiary standards, recognize the potential role of behavioral remedies in securing efficiencies, and encourage parties to advance efficiency claims earlier in the review process without implying acceptance of competitive concerns.
United KingdomAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

A Precedent For The Platform Age: The Booking/eTraveli Judgment And Its Implications For Digital M&A

The European General Court has upheld the Commission's prohibition of Booking's acquisition of eTraveli Group, endorsing a novel 'ecosystem' theory of harm that allows intervention even where market share increases are minimal. This landmark ruling significantly expands the Commission's ability to challenge acquisitions by dominant firms in digital markets, establishing that transactions which merely perpetuate existing low levels of competition can constitute significant impediments to effective
United KingdomAntitrust/Competition Law
Slaughter and May
Slaughter and May
Article

UK FCA Accepts Novel Commitments Package To Resolve Antitrust Investigation Into Commodity Futures Traders

The UK Financial Conduct Authority has accepted binding commitments from 11 day traders following an investigation into suspected exchange of competitively sensitive information and coordination of trading strategies in commodity futures markets. The decision highlights critical compliance priorities for firms operating trading arcades and shared trading infrastructure, while leaving key legal questions deliberately unanswered. What does this enforcement action signal about the FCA's approach to antitrust e
GlobalAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

Few Surprises, As The CMA Finalises Its Revised Approach To Merger Efficiencies

The UK Competition and Markets Authority has formalised its new approach to assessing efficiency arguments in merger control cases, marking a significant shift toward a more holistic evaluation framework. This updated guidance, which emerged from the CMA's 4Ps initiative, introduces the concept of Rivalry-Enhancing Efficiencies and establishes clearer pathways for merging parties to demonstrate competitive benefits.
United KingdomAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

New EU Dominance Guidelines Target Rebates, Self-Preferencing And Digital Platforms

The European Commission's revised Article 102 TFEU guidelines represent a significant shift in EU competition enforcement, moving away from economics-driven analysis toward formalistic presumptions of harm. Companies operating in digital markets face stricter scrutiny of pricing practices, platform access restrictions, and self-preferencing conduct, with the EC introducing controversial per se abuses and limiting cost-based defenses. This comprehensive analysis examines how the new framework affects exclusi
European UnionAntitrust/Competition Law
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Article

Intellectual Property Newsletter | June 2026

The June 2026 edition of Dentons Link Legal IP & Technology Newsletter examines the global intellectual property ecosystem's strong momentum, featuring record-high filings, AI-driven innovation surges, and pivotal rulings that reflect technological advancement and evolving regulatory priorities. From bizarre patent cases like motorized pasta forks to multimillion-dollar verdicts collapsed by procedural flaws, the newsletter explores landmark decisions in pharmaceutical patents, trademark enforcement, and AI
IndiaIntellectual Property
Dentons
Dentons