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Edited Legal Collections Data |
Book Title: European Competition Law
Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781783476862
Section: Chapter 5
Section Title: ARTICLE 102 TFEU
Number of pages: 60
Extract:
5
ARTICLE 102 TFEU*
ABUSE OF DOMINANCE
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 incompat-
ible with the internal market in so far as it may affect trade between Member
States.
Such abuse may, in particular, consist in:
(a) directly or indirectly imposing unfair purchase or selling prices or other
unfair trading conditions;
(b) limiting production, markets or technical development to the preju-
dice of consumers;
(c) applying dissimilar conditions to equivalent transactions with other
trading parties, thereby placing them at a competitive disadvantage;
(d) making the conclusion of contracts subject to acceptance by the other
parties of supplementary obligations which, by their nature or accord-
ing to commercial usage, have no connection with the subject of such
contracts.
OVERVIEW
A. GENERAL 5.01 1. The objective concept of abuse 5.60
1. Direct effect 5.01 2. Capability of restricting competition 5.66
2. Ratione personae 5.02 3. Categories of abuses 5.69
3. Ratione materiae 5.02 4. Abuse on secondary markets 5.130
4. Ratione loci (Territorial jurisdiction) 5.04 5. Abuse of collective dominance 5.132
6. Justification 5.133
B. DOMINANCE 5.07
1. General 5.07 E. EFFECT ON TRADE BETWEEN MEMBER
2. Market definition 5.12 STATES 5.146
3. Market power 5.27
4. Collective dominance 5.49
F. RELATION TO ARTICLES 101 AND 106
TFEU 5.148
C. SUBSTANTIAL PART OF ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2014/881.html