Lost in translation : The assessment under Article 102 TFEU in

EU Competition Law under Ordoliberalism - A case study of

(ex Article 84 TEC) Article 105. (ex Article 85 TEC) Article 106. (ex Article 86 TEC) SECTION 2 AIDS GRANTED BY STATES. Article 107.

Using the Commission’s own reform documents and in particular the Guidance on enforcement priorities as the 2013-08-10 under Article 102 (c) TFEU. R. O’Donoghue and J. Padilla, The Law and Economics of Article 102 TFEU, 2 nd ed., Hart Publishing, 2013, p.804. In a previous study of 2007, I … 2015-05-19 1 DR KAROLINA MOJZESOWICZ EU ANTITRUST AND MERGERS UJ Article 102 TFEU Assessing the dominance: the relevant market A necessary precondition The product market The geographic market “A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.”Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour Article 102 TFEU dossiers. We include in this count ﬁve cases that were at a preliminary stage, with dawn raids conducted but apparently no further action yet taken.1 Of the remaining 25 cases in which formal pro-ceedings had been opened, a Statement of Objections Practice Notes (6) View all. Article 102 TFEU—the prohibition on abuse of dominance.

Assessing Rebates under Article 102 TFEU : A Path Towards Legal

2016-02-17 · Streetmap v Google: lessons for pending Article 102 TFEU cases (including Google itself) The High Court of England and Wales ruled on the dispute between Streetmap and Google (see here). It is a really interesting read, and one that shows that – whether or not one agrees with the outcome – courts can deal effectively with complex competition law matters. Secondly, the prohibition of abuse contained in Article [102 TFEU] is in any event directed only at conduct capable of affecting trade between Member States (point 93).

The Law and Economics of Article 102 TFEU - Robert O'Donoghue

Abuse (general) Article 102 examples: unfair prices; discrimination, margin squeeze etc. Objective concept: No intention needed, Case 85/76 Hoffman-La-Roche v Commission, para 91, C-52/09 Telia Sonera para. 20 Is for some, e.g. sometimes predatory pricing, see also C-549/10 P Tomra, para 19-20 Types of abuses: Exploitative: Exploiting consumers because of market power, e.g. high price, low Article 102 of the TFEU prevents undertakings from those who hold a dominant position within the market from being abused.

Article 102 TFEU complements the regulations of EU competition law dealing with agreements between two or more undertakings. The provision restricts certain conduct by undertakings which have a dominant position in a given market. Antitrust Abuse of dominant position (Article 102 TFEU) Legislation in force. Note to the reader: All references to Art 82 EC should be understood as references to the current article 102 of the Treaty on the Functioning of the European Union (as renamed by the Treaty of Lisbon, which entered into force on 1 December 2009).
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Further, comments are given on a prospective assessments of rebates in the future. Notably, certain rebate categories are arguably unlawful by their form Article 102.

102 TFEU). The course will also cover main features of public and private enforcement of competition law in the of national antitrust law which, (inter alia) in proceedings involving the application of Article 101 or Article 102 TFEU in conjunction with Regulation 1/2003/EC, under national law, and in national and EU level matters concerning anti-competitive agreements or abuse of dominant position (Articles 101 and 102 TFEU).
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Troliga a-punkter v 14 2014 Bilaga 2013/14:2E9F61

Such abuse may, in particular, consist in: First, it states that, as a matter of principle, Article 102 TFEU is only concerned with the exclusion of rivals that are as efficient as the dominant firm.

Nummer 01/2014 - Juridisk Publikation

Keep up to date with precedents, guidance notes & Q&As. Article 102 TFEU Article 102 TFEU (ex Article 82 EC, ex Article 86 EC) “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 incompatible with the internal market in so far as it … 2012-11-28 Article 102 U.K. (ex Article 82 TEC). 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 incompatible with the internal market in so far as it may affect trade between Member States. Article 102 TFEU has been the target of vast criticism the recent years.1 Simplified, this criticism is made up by the thought that the application of Article 102 should be based on solid economics. In contrast, Article 101 has in many respects undergone a change to allow for economical considerations Such formulation implies that only the abuse is subject to prohibition, while acquiring or holding of a dominant position is in itself not prohibited under Article 102 TFEU (see the judgement of the European Court of Justice (ECJ) in Michelin case). 1 Although the Article 102 does not offer a definition of abuse, it sets examples as to what kind of behaviour may be considered as abusive. Article 102 TFEU (ex Article 82 TEC) 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 incompatible with the internal market in so far as it may affect trade between Member States.

Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in 2016-02-17 This article examines the European Commission’s recent reform of its application of Article 102 TFEU (the prohibition of abuse of dominance).