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

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

Richard Whish

and David Bailey

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date: 22 January 2019

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.

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