Article 82 (Article 102 TFEU) and Dominant Positions, Lecture notes of European Union law

Download Article 82 (Article 102 TFEU) and Dominant Positions and more Lecture notes European Union law in PDF only on Docsity! Article 82 (Article 102 TFEU) and Dominant Positions  "Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible within the common market in so far as it may affect trade between Member States." Examples of abuse  a) Imposing unfair purchase or selling prices or other unfair trading conditions  b) Limiting production, markets or technical development to the prejudice of consumers Dominance  Relevant product market  Case 6/72 Continental Can  Case 27/76 United Brands  "The dominant position referred to in this article relates to a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained on the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of its customers."  Commission Notice on the Definition of the Relevant Market for the Purposes of Community Competition Law (1997) OJ C372 Other relevant product market examples  Case 22/78 Hugin - overestimation of barriers to entry?  Case 322/41 Michelin v Commission  Case 85/76 Hoffman La Roche Exploitative  Undertaking seeks to take advantage of its dominant position by imposing oppressive or unfair conditions on its trading partners as under a, c, d.  Unfair prices - United Brands  Case 26/75 General Motors  Case 226/84 British Leyland v Comm - economic value?  Unfair trading conditions - United Brands  Discriminatory treatment - United Brands  Case 226/84 British Leyland  Refusal to supply - United Brands Anti-competitive abuse  Tying-in  Case 85/76 Hoffman La Roche  Predatory pricing  1986 AKZO Chemie  Refusal to supply - but exceptions  Case 26/76 Metro - SB - Grossmarkte  Cases C-241 and 242/91P Magill