Resumo

POZO VINTIMILLA, Patricio. El dilema de los precios predatorios: estrategias, teorías y problemas. Un análisis del Derecho de la competencia de la Unión Europea y Antitrust. Foro [online]. 2016, n.26, pp.27-47. ISSN 2631-2484.

Predatory prices represent one of the most studied and complex anticompetitive practices of the competition law. For decade's universities and courts around the world have tried to establish a test to verify their effectively occurrence. Nowadays, it doesn't exist one central proof that demonstrates with clarity, when an agent commits predatory pricing or generates a benefit to the market.

In principle, the predatory prices can only exist in atomized markets (oligopoly or monopoly), it is applied by economic agents with a dominant position that have the economic capacity to assume the market share of the eliminated competitors, and operate in a market with high entry barriers. All these elements reveals that predatory pricing is a multifaceted phenomenon, making it complex to prove its existence.

Palavras-chave : predatory prices; recoupment; Chicago School; average variable cost.

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