Research Paper Number

51/2009

Document Type

Article

Publication Date

2009

Keywords

Economic Analysis of Law; Excessive Pricing; Interdisciplinary Approach; Legal Certainty; Predatory Pricing; transfer pricing

Abstract

The purpose of this paper is to illustrate the different kinds of concerns related to the notion of “unfair prices” in tax and competition policy, respectively. The focus is on the rules governing transfer pricing within the setting of international tax policy, and on those governing the treatment of excessive as well as predatory pricing, according to competition policy.After a brief methodological background, the paper introduces the various notions of transfer, excessive and predatory pricing stressing the differences and similarities in the respective regulations. It does so distinguishing the rules established by the United States and the OECD, in the area of transfer pricing, and the different approach taken by the US and the EU, with respect to competition policy. Finally, the paper advances some tentative reflections on the possible scope for convergence between the three aforementioned areas of enquiry, elaborating some proposals from a policy making perspective.

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