Eu competition law volume v abuse of dominance under. Article 102 tfeu deals with the unilateral conduct of undertakings with substantial market power. Article 102 of the treaty on the functioning of the european union tfeu. Pdf impact of the new approach to article 102 tfeu on the. Eu competition law rules applicable to antitrust enforcement general rules situation as at 1st july 20. Article 102 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. Secondly, pharmaceutical sector is mainly based on iprs, therefore it aggravates to draw the boundaries between competition law and ip law.
The eus general antitrust rules are set out at articles 101 and 102 tfeu. I guess everyone should thank robert odonoghue and jorge padilla for the assistance they have provided to the competition community since the 1st ed. A legal perspective on article 102 tfeu case law 3 guidance5 that was eventually adopted represent a clear commitment to bringing administrative action in line with mainstream economics. This site is like a library, use search box in the widget to get ebook that you want. Article 102 tfeu governs abusive conduct by dominant undertakings.
Damages actions for breach of articles 101 and 102 tfeu daniele calisti daniele. In order to achieve the objectives of the antitrust rules, eu needs an effective enforcement system for enforcing eu competition law. Competition law remedies for violations of article 102 tfeu 174 e. Eu competition law merger legislation eu competition law merger legislation merg01014. Article 102 of the treaty on the functioning of the european union tfeu formerly under article 82 of the european community treaty ec prohibits dominant undertakings from abusing their position within an internal market or in a substantial part of it, as incompatible with the internal market in so far as it affects trade between member states. European competition law essay example 68 words cram.
This chapter discusses the role of article 102 and the controversy attending its application. An overview of the eu competition rules pdf slaughter and may. The ordoliberal concept of abuse of a dominant position and. National courts shall decide in accordance with the precedents decided by the court of justice. Article 102 of the treaty on the functioning of the european union formerly article 82 of the treaty establishing the european community is aimed at preventing undertakings who hold a dominant position in a market from abusing that position. Intel and article 102 tfeu case law lse research online. Damages actions for breach of articles 101 and 102 tfeu. Article 102 of the treaty on the functioning of the european. This chapter focuses on article 102 tfeu, which prohibits as incompatible with the internal market any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part. This allows national competition authorities and the courts of the member states to apply articles 101 and 102 tfeu themselves. Directive eu 20191 is intended to empower the competition authorities of the member states to be more effective enforcers of eu competition law.
Eu competition law ii abuse of a dominant position, merger control. Article 1061 tfeu requires member states to ensure that public undertakings and undertakings to which member states grant special or exclusive rights are in compliance with the treaty, including the competition rules. Quizlet flashcards, activities and games help you improve your grades. This paper aims to analyze the historical development of competition law in the european union, the eu treaties, regulations and directives, which guarantee the protection of competition in the european community.
Article 101 of the treaty on the functioning of the. Article 102 tfeu and the abuse of dominance in the eu digital. Dg competition s manual of procedures for the application of articles 101 and 102 tfeu is an internal working tool intended to give practical guidance to staff on how to conduct an investigation applying articles 101 and 102 tfeu. Article 102 tfeu abuse of a dominant position chapter 4. Any abuse by one or more undertakings of a dominant position within the internal market. Eu competition law abuse of dominance article 102 tfeu uio. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Does antitrust law lack the necessary tools to cope with the technological environment. Containing an article by article overview of eu competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.
Request pdf applying normative theories in eu competition law. The outcome of this work is an advice to english breweries about the aspects of its business, taking into consideration the. This chapter focuses on article 102 tfeu, which prohibits as incompatible with the internal market any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it. Eu competition law volume v abuse of dominance under article 102 tfeu. Article 102 tfeu and the abuse of dominance in the eu. There is a world before and a world after the law and economics of article 102 tfeu. A legal perspective on article 102 tfeu case law 1 beyond the more economicsbased approach. Article 101 of the treaty on the functioning of the european union tfeu prohibits any agreements or cartels between member states that could disrupt free competition within the internal market. Challenges involved with t he application of article 102 tfeu to the new economy. Fostering consistent application of articles 101 and 102 tfeu reducing uncertainty of outcome. Its core role is the regulation of monopolies, which restrict competition in private industry and. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. This is a case study regarding european competition law.
In 2017, the commission conducted four unannounced inspections in relation to possible article 102 infringements. Eu competition law article 102 tfeu flashcards quizlet. In competition law matters, there is as well case law from the court of justice that is binding for the member states. The following shall be seen as incompatible with the internal market. A case commentary explains eu competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions.
Provisions of the treaty on the functioning of the european union tfeu b. The paper finds that none of the three classic nonwelfarist goals ie competitive process, consumer choice and raising rivals costs can be acclimated in modern eu competition law. Eu competition law revision notes law m100 cardiff studocu. The articles of interest in this essay are articles 101 and 102 tfeu, which regulates the relations between private parties. Download for offline reading, highlight, bookmark or take notes while you read the law and economics of 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.
Consolidated version of the treaty on the functioning of the european union part three. Cjeu on price discrimination under article 102 tfeu. Exploring article 102 tfeu the present study involves an analysis of the two main normative approaches and intellectual. Pdf bachelors thesis in european competition law, the. Module b 26 an important tool used by the ecj to expand the list is teleological reasoning. Behrens, peter, the ordoliberal concept of abuse of a dominant position and its impact on article 102 tfeu september 9, 2015. The ordoliberal concept of abuse of a dominant position and its impact on article 102 tfeu nihoultakahashi, abuse regulation in competition law, proceedings of the 10th ascola conference tokyo 2015, forthcoming. Lastly, since the established enforcement of article 102 is few and new, there is uncertainty on the forms of abuse of dominance in the sector. The antitrust manual of procedures does not contain binding instructions for. Containing an article by article overview of eu competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics. A practical approach to rebates 102 of the tfeu after the ecj. Common rules on competition, taxation and approximation of laws chapter 1. Article 102 tfeu and the abuse of dominance in the eu digital sector.
All agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between member states and which have as their object or effect the prevention, restriction or distortion of competition within the internal market. Edition 2 ebook written by robert odonoghue, jorge padilla. Article 102 of the treaty on the functioning of the. Pablo ibanez colomo beyond the more economicsbased approach. Article 102 of the treaty on the functioning of the european union prohibits the. With this background, it questions which nonwelfarist alternative goal can be ascribed to article 102 tfeu. Jan 26, 2018 the books unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Titles in the complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A practical approach to rebates 102 of the tfeu after the. 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 may affect trade between member states. Article 102 tfeu ex article 82 ec, ex article 86 ec. Article 102 enforcement complicated in the sector eu. Article 101 of the treaty on the functioning of the european union prohibits cartels and other agreements that could disrupt free competition in the european economic areas internal market.
Guidelines on the applicability of article 101 of the treaty on the functioning of the european union to horizontal co20 operation agreements joint production. Eu competition law revision notes law m100 cardiff. Basic concepts and case studies nicolas petit university of liege. The commission has continued to enforce article 102 tfeu actively. Article 101, 102 and 103 of the tfeu must be used within this work. Finally, the paper examines the question whether or to what extent eu member states can, for the enforcement of articles 101 and 102 tfeu by their national competition authorities, provide for a lower or a higher level of procedural rights than the level of fundamental procedural rights applicable to the enforcement of articles 101 and 102 tfeu. Rather, one will have to prove that price differentiation, by affecting.
Eu competition law rules applicable to antitrust enforcement. Jun 21, 2018 absent clear contractual terms, competition law might have a say here. The concepts of dominance and abuse are the articles pivots and have been reinterpreted over the course of the history of the eu. The possession or strengthening of a dominant position by way of competition does not fall within the scope of the prohibition. The selection is based on the interpretative value of the extracts and is limited to the essentials in order to clearly demonstrate how competition. Video lecture on articles 101 and 102 tfeu competition law in the eu. The role of article 102 in european pharmaceutical sector. Application of article 102 tfeu by the european commission.
Exploitative abuses practices that exploit consumers directly. Protocol 27 on the internal market and competition, which has the same legal force as the treaty to which it is annexed, explains that the internal market. These european competition rules have the force of law throughout the european. Fines for breaking eu competition law european commission. Article 1061 tfeu in conjunction with article 102 tfeu.
A significant risk for businesses fines intel, 1,060,000,000 remediesstructural and behavioral damages courage and crehan c45399. Discretionary remedialism and its necessary limits 167 c. May 09, 2016 video lecture on articles 101 and 102 tfeu competition law in the eu. Start studying eu competition law article 102 tfeu.
Intel, leveraging rebates and the goals of article 102 tfeu. Rules applying to undertakings article 102 ex article 82 tec. The provision restricts certain conduct by undertakings which have a dominant position in a given market. Article 102 prohibits the abuse of a dominant position.
Absent clear contractual terms, competition law might have a say here. Eu competition law eu competition law merger legislation. The ordoliberal concept of abuse of a dominant position. Nihoultakahashi, abuse regulation in competition law, proceedings of the 10th ascola conference tokyo 2015, forthcoming. Competition law provisions can be found in article 101, 102, 107 tfeu and the merger regulation, all of those prohibit anticompetitive agreements and abuse of dominance. This is a comprehensive overview of competition law within the eu. It thus prohibits one or more undertakings which hold a dominant position in the internal market or a substantial part of it abusing that position insofar as it may affect intermember state trade. A commentary on article 102 tfeu by martin herz, hans h. Click download or read online button to get the law and economics of article 102 tfeu book now.
Article 102 of the tfeu prevents undertakings from those who hold a dominant position within the market from being abused. An article addressing practical counselling issues in relation to the eu competition law analysis of rebate schemes under article 102 of the tfeu after the ecjs judgment in intel case c414 p on 6 september 2017. Ncas and the domestic courts are able not only to apply the article 1011 prohibition on anticompetitive agreements but also to declare whether the criteria of article 10 are met by. Article 102 tfeu prohibits anticompetitive behaviour by dominant undertakings, and, together with article 101 tfeu, stands in the centre of the competition policy of the eu. Fundamental procedural rights and effective enforcement of.
Eu competition law abuse of dominance article 102 tfeu. Article 1011 of the treaty on the functioning of the european union prohibits. According to this purposive method of interpretation, the ecj does not limit itself to the specifi c wording of the treaty articles, but rather looks at the broader underlying objective. The mischiefs ofdiscretionary remedialism in competition law 165 a.
Pdf the challenges of digital markets for eu competition. A proposed alternative reading of the article 102 tfeu caselaw. An individual user may print out a pdf of a single chapter of a monograph in. Article 102 tfeu complements the regulations of eu competition law dealing with agreements between two or more undertakings. 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 may affect trade between member states. The concepts of dominance and abuse are the article s pivots and have been reinterpreted over the course of the history of the eu. European union competition law university of london. This prohibits any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it, as incompatible with the internal market in so far as it may affect trade between eu member states.
Eu competition law volume v abuse of dominance under article 102 tfeu gonzalezdiaz, francisco enrique, snelders, robbert on. Jun 02, 2017 article 102 tfeu prohibits anticompetitive behaviour by dominant undertakings, and, together with article 101 tfeu, stands in the centre of the competition policy of the eu. Indeed, what meo teaches us is that, when a sep holder applies different licensing tariffs to different licensees, assuming it is a dominant undertaking, it will not as such infringe article 102 tfeu. Pdf undistorted, unfair competition, consumer welfare. European union tfeu prohibits abusive conduct by companies that have a dominant position on a particular. The law and economics of article 102 tfeu download ebook. Todays competition bible is clearly, and without the shadow of a doubt, the reference on article 102 tfeu. Article 102 tfeu study guide by jonnyjt includes 19 questions covering vocabulary, terms and more. Article 102 tfeu, internal market, consumer welfare, social. The holding of a dominant market position is not, by itself, objectionable under article 102. The control of dominant undertakings based on the notion of.
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