Excessively high prices may be challenged as exploitative abuse of dominance or as ‘price gouging’. For example, Article 102 TFEU prohibits any abuse of a dominant position, including ‘directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions’. In some jurisdictions like Japan or Germany, the abuse of a superior bargaining position is also prohibited.

Despite these rules, agencies were traditionally reluctant to challenge companies’ pricing or trade conditions given the important role that pricing plays in stimulating entry and innovation. However, inflation and high prices as well as unfair trade terms have recently led to more enforcement in this area, especially in the pharmaceutical sector and also in the digital area. The panel will look into the most recent cases and evaluate the challenges that authorities face when enforcing exploitative abuse cases and bargaining power.