p. 1805. Article 102
- 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 discusses the main features of Article 102 of the Treaty of Functioning of the European Union (TFEU), which is concerned with the abusive conduct of dominant firms. It begins by discussing the meaning of ‘undertaking’ and ‘effect on trade between Member States’ in the context of Article 102. It then considers what is meant by a dominant position and looks at the requirement that any dominant position must be held in a substantial part of the internal market. Thereafter it discusses some general considerations relevant to the concept of abuse of dominance, followed by an explanation of what is meant by ‘exploitative’, ‘exclusionary’ and ‘single market’ abuses. It then discusses possible defences to allegations of abuse, and concludes by considering the consequences of infringing Article 102.
Keywords
- Article 102
- Undertaking
- Effect on trade
- Relevant market
- Substantial market power
- Dominant position
- Market shares
- Actual competitors
- Potential competitors
- Barrier to entry and expansion
- Super-dominance
- Substantial part of the internal market
- Abuse
- Unilateral behaviour
- Special responsibility
- Normal competition
- Competition on the merits
- Process of competition
- False positives
- False negatives
- Per se rules
- Abuse by object
- Effects analysis
- As efficient competitors
- Evidence
- Standard of proof
- De minimis
- Single and continuous abuse
- Exploitative abuse
- Exclusionary abuse
- Causation
- Guidance on Article 102 Enforcement Priorities
- Single market abuse
- Horizontal foreclosure
- Vertical foreclosure
- Objective justification
- Efficiencies
