Show Summary Details
Page of

(p. 721) 17. Abuse of dominance (1): non-pricing practices 

(p. 721) 17. Abuse of dominance (1): non-pricing practices

Chapter:
(p. 721) 17. Abuse of dominance (1): non-pricing practices
Author(s):

Richard Whish

and David Bailey

DOI:
10.1093/law:ocl/9780199660377.003.0017
Page of

date: 21 August 2017

This chapter looks at how EU and UK competition authorities deal with abusive non-pricing practices. These include exclusive dealing agreements; tying practices; refusal to supply; abusive non-pricing practices that are harmful to the single internal market; and other analogous practices. In exclusive dealing agreements, where a purchaser is prevented from purchasing competing products from anyone other than the dominant firm, the Court of Justice held that irrespective of the actual impact to the market competition, the dominant firm is still liable for breach of the Article 102 TFEU. In tying, wherein a dominant firm ‘leverages’ its position to the tying product in order to achieve increased sales on the said product, Article 102 TFEU may be breached as well. Unlike the previous two, the refusal to supply of dominant firms may or may not infringe provisions of the TFEU in special circumstances.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.