Volume 37 (2014) / Issue 1
Many jurisdictions across the globe prohibit companies with market power to engage in anti-competitive unilateral conduct. This prohibition is anything but absolute, however. Several reasons can offer a justification for conduct that would otherwise be unlawful. Although such justifications can make the difference between whether or not unilateral conduct should be allowed, they have not been subject to many cross-border comparative studies. This article seeks to propel a much-needed global debate on this topic. It discusses how various jurisdictions around the world deal with justifications as regards prima facie anti-competitive unilateral behaviour. It takes EU law as a starting point, and attempts to distil lessons from the non-EU jurisdictions under review: Australia, Canada, Singapore, South Africa and the United States.
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