Chapter 11 Benchmarking in EU antitrust law
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Benchmarking can be used in the application of competition rules, in particular to ascertain the economic conditions which would emerge in a situation in which competition is not distorted. This chapter focuses on the use of benchmarking in the assessment of exploitative abuses of dominance and in particular of allegedly excessive prices. The European Court of Justice stresses that the use of benchmarks by competition authorities requires appropriate methodologies in order to meet the required standard of proof.

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