p. 71517. Abuse of dominance (1): non-pricing practices
- Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
- , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London
Abstract
This chapter considers abusive non-pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It deals in turn with exclusive dealing agreements; tying; refusals to supply; abusive non-pricing practices that are harmful to the single market; and miscellaneous other non-pricing practices which might infringe Article 102 or the Chapter II prohibition. Reference is made to the case-law of the Court of Justice and the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings
Keywords
- Article 102
- Abuse
- Non-pricing practices
- Guidance on Article 102 Enforcement Priorities
- Exclusive dealing
- Exclusive purchasing
- Exclusivity payments
- Exclusive supply
- Tying
- Bundling
- Distinct products
- Tied product
- Tying product
- Coercion
- Anti-competitive foreclosure effect
- Objective justification
- Refusals to supply
- Vertical foreclosure
- Indispensable
- Elimination of effective competition
- Essential facility
- Remedies
- Horizontal foreclosure
- Abusive non-pricing practices that are harmful to the single market
- Harming the competitive structure of the market
- Vexatious litigation
- Settling litigation
- Trading conditions
- Preferential treatment
- Self-preferencing
