Article 102 TFEU
Undertaking
Dominance
In Search of Dominance - Step 1: Define the Relevant Market Step 2: Assessment of the Market Power
Collective Dominance
Identifying the Abuse
Exploitative Abuses the different types.
Exclusionary Abuses the different types.
Intellectual Property Rights
A...
Like Art. 101. it has direct efect (Reg 1/2003, Art. 1).
Both administrative and private actions possible.
Behavioural and structural remedies as well as commitments
available.
Article 102 TFEU (ex Article 82 TEC):
o Any abuse by one or more undertakings of a dominant
position within the internal market or in a substantial part of it
shall be prohibited as incompatible with the internal market in
so far as it may afect trade between Member States.
o Such abuse may, in particular, consist in:
a) Directly or indirectly imposing unfair purchase or selling
prices or other unfair trading conditions;
b) Limiting production, markets or technical development to
the prejudice of consumers;
c) Applying dissimilar conditions to equivalent
transactions with other trading parties, thereby placing
them at a competitive disadvantage;
d) Making the conclusion of contracts subject to
acceptance by the other parties of supplementary
obligations which, by their nature or according to
commercial usage, have no connection with the subject of
such contracts.
Essence of internal market = free movement of goods, services, labour
and capital.
Principal objective of EU CL is to prevent business from reducing
competition by distorting or dividing up markets within the EU.
Internal market includes ‘a system ensuring that competition is not
distorted’.
Actions of a business that has market power can have efects on the
operations of a market + Article 102 is directed at the activities of a
powerful single business which is not subject to efective competition.
An undertaking in a dominant position may use its market power to
exploit customers by restricting output + increasing prices or uses
unfair discounts.
Not illegal to simply have a dominant position, some form of
behaviour recognised as abuse must also be present.
Article 101 Article 101
Content Art. 101(1): Prohibition of collusive conduct Prohibition of the abuse of a
between two or more independent dominant position of one
undertakings, which may afect trade undertaking (or of two or more
between Member States and which has as its connected undertakings), which
object or efect the prevention, restriction or may afect trade between Member
distortion of competition States
Number of Conduct must be bi- or multi-lateral, so- Conduct may be strictly unilateral
Undertakin called ‘collusive conduct’ (conduct of one single undertaking);
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