EU Competition Law Abuse of Dominance (Article 102 TFEU)
Article 102 TFEU Article 102 TFEU (ex Article 82 EC, ex Article 86 EC) “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 affect trade between Member States
The Law and Economics of Article 102 TFEU - GBV
1 4 1 Article 102 TFEU And General Principles Of EU Law 1 4 2 The Relationship Between Articles 101 And 102 TFEU 1 4 3 Article 102 TFEU And Merger Control Laws 1 4 4 Article 102 TFEU And The Rules On Slate Action 1 4 5 Article 102 TFEU And Regulation 1 4 6 Article 102 TFEU And National Abuse Of Dominance Laws
Competition: Antitrust procedures in abuse of dominance
Article 102 TFEU cases Article 102 of the Treaty on the Functioning of the European Union (TFEU) prohibits abusive conduct by companies that have a dominant position on a particular market An Article 102 case dealt with by the European Commission or a national competition authority can originate either upon receipt of a complaint or through
The Application of Article 102 TFEU by the European
The Application of Article 102 TFEU by the European Commission and the European Courts Romano Subiotto QC, and David R Little* I Introduction At the end of 2012, there were a total of 30 active Article 102 TFEU dossiers We include in this count five cases that were at a preliminary stage, with dawn raids conducted but apparently no further
Assessing Rebates under Article 102 TFEU
12 Guidance on the Commission's enforcement priorities in applying Article [102 TFEU] to abusive exclusionary conduct by dominant undertakings, OJ C 45, 24 2 2009 13 See Article 288 TFEU and AG Kokott’s opinion in case C-226/11, Expedia, EU:C:2012:544, para 30
Interpretation of Articles 101 & 102 of TFEU
Article 101 TFEU is to protect competition on the market as a means of enhancing consumer welfare and of ensuring on efficient allocation of resources (Horspool and Humphreys 2012, 430) Article 101 & 102 TFEU prohibit two separate forms of anti-competitive behaviour: Article 101 (1) TFEU prohibits
WHITHER ARTICLE 102 TFEU: A COMMENT ON AKMAN AND CRANE
Crane’s articles on the enforcement of Article 102 TFEU 1 Professor Akman discusses whether the Commission’s Guidance on the enforcement of Article 102 TFEU2 (Guidance) has had a practical impact on the way unilateral con-duct by companies with market power is assessed by the European Commis-
The Role of Article 102 in European Pharmaceutical Sector
substantial case law related to parallel trade, Article 102 of the Treaty of Functioning of the European Union (‘TFEU’) enforcement in the sector has started to be developed after the Commission’s decision on Astra Zeneca7 In that case, possession of intellectual property rights (‘IPR’) is recognized
elf-preferencing and EU competition law
Self-preferencing is not, in general, prohibited by Article 102 TFEU Instead, it is subject to an “effects” test This means that self-preferencing conduct may constitute an abuse of a dominant position depending on its effects on competition and consumers The reason for this is that the question of whether self-
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Self-preferencing and EU
competition law What is self-preferencing? Why might self-preferencing raise competition law concerns? What types of self-preferencing conduct might fall within the scope of Article 102 TFEU?Self-preferencing involves actions by an undertaking which are designed to favour its own products or
services over those of its competitors. Self-preferencing is often described as a subset of a broader type of conduct, known as leveraging.Leveraging conduct involves the use of power in one market to strengthen a position in another market. From a competition law perspective, the overall concern with self-preferencing, and other types of
leveraging conduct, is that an undertaking with a dominant position may engage in this conduct in order
to enhance its own market position, and to prevent or inhibit the entry/expansion of other competitors. In
other words, there is a concern that self-preferencing and/or leveraging conduct engaged in by dominant
undertakings may produce exclusionary effects. Self-preferencing is not, in general, prohibited by Article 102 TFEU. Instead, it is subject to an effects" test.
This means that self-preferencing conduct may constitute an abuse of a dominant position dependingon its effects on competition and consumers. The reason for this is that the question of whether self-
preferencing should be prohibited by competition law is not straightforward, and the answer may well vary from case to case. In the Google Shopping decision, the European Commission found that Google had abused its dominantposition in the relevant markets for general search services in the EEA by positioning, and displaying
more favourably, in its general search results pages, its own comparison shopping service compared to
In addition, self-preferencing conduct can overlap with, or contain elements of other types of conduct that
might constitute an abuse of a dominant position prohibited by Article 102 TFEU, provided the relevant
ŦThis conduct might include:
Tying or bundling arrangements.
Discriminatory conduct (such as giving preferential terms to some undertakings over others). Refusal to supply goods or services.
For more information:- See, in particular, the Commission's