"ARTICLE 102 TFEU" [2018] ELECD 12; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 141

Book Title: European Competition Law

Editor(s): VerLoren van Themaat, Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

Section: Chapter 5

Section Title: ARTICLE 102 TFEU

Number of pages: 63

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 incompatible 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 prejudice 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 according to commercial usage, have no connection with the subject of such contracts. OVERVIEW A. GENERAL 1. Direct effect 2. Ratione personae 3. Ratione materiae 4. Ratione loci (Territorial jurisdiction) B. DOMINANCE 1. General 2. Market definition 3. Market power 4. Collective dominance C. SUBSTANTIAL PART OF THE INTERNAL MARKET D. ABUSE 5.01 5.01 5.02 5.02 5.04 5.07 5.07 5.12 5.27 5.49 1. 2. 3. 4. 5. 6. The objective concept of abuse 5.60 Capability of restricting competition 5.66 Categories of abuses 5.70 Abuse on secondary markets 5.134 Abuse of collective dominance 5.136 Justification 5.137
E. EFFECT ON TRADE BETWEEN MEMBER STATES 5.150 F. RELATION TO ARTICLES 101 AND 106 TFEU ...