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Re: Elmer Phud post# 81650

Tuesday, 06/16/2009 10:38:14 PM

Tuesday, June 16, 2009 10:38:14 PM

Post# of 151749
I'm willing to accept speculation.

Who is speculating? The application of the Discount Attribution/Equally Efficient Competitor standards is not speculation, it is the core of the EC case. These analysis techniques were articulated both by the EC's 2005 Article 82 review, and the Bush DOJ's 2008 Antitrust Modernization Report, which was rescinded for setting the bar for finding antitrust violations too high.

The only place where there may be room for speculation is in whether there is sufficient substance behind the EC's decision.

fpg
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