Abstract

FRANCO MONGUA, Javier Francisco; SANABRIA-MOYANO, Jesús E.  and  LOMBANA URIBE, Allan Maurice. Price discrimination and Big Data. Rev. repub. [online]. 2023, n.34, pp.149-173.  Epub Oct 05, 2023. ISSN 1909-4450.  https://doi.org/10.21017/rev.repub.2023.v34.a142.

This document makes a presentation of what the abuse of the dominant position implies for the antitrust right, and how companies that have this position in a market, with the help of Big Data, can establish behaviors of fixing of perfect prices or in the first degree and how this conduct can injure competition and affect consumers and finally know if the Colombian standard is prepared to face these situations. To this end, the text starts with a description of what price fixing and discrimination means in the economic and legal literature; then what does the dominant position mean and how the competition authorities manage to determine if a company has this position and an analysis of the Colombian norm and the decisions issued by the Superintendency of Industry and Commerce in the matter of discrimination abuses, so that can conclude which is the approach with which the authority has resolved these types of cases.

Keywords : Pricing; Competition law; Perfect price discrimination; Dominant position; Abuse of dominance; Big Data; Rule of interpretation per se; Rule of reason; Relevant market; Abuse of exploitation; Abuse of exclusion.

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