Flashcards
(Articles) Competition Law II
Cards in this deck (1)
- 1art 102 TFEUseeks to deal with the threat to competition within the market posed by an undertaking which enjoys a dominant position in which it has the economic power to act independently of market force.
does not prohibit market dominance in itself, rather it prohibits any abuse of dominant position that is capable of affecting trade between MS.
abuse= any anti competitive behavior which eliminates or seriously weakens competition in a a market, i.e. drive weaker competition out of the market.
distortion of competition is the issue
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 insofar as it may affect trade between MS.
ie. imposing unfair trading conditions
-limiting production, markets etc to prejudice consumers
-applying dissimilar conditions to equivalent transactions with other trading parties = competitive disadvantage
-conclusion off contracts subject to acceptance of supplementary obligations which have no connection with the contract.