Results 131 to 140 of about 236 (163)

Article 102 TFEU: Conduct Which Can Be an Abuse

2019
Abstract This chapter discusses the difficult concept of what constitutes an ‘abuse’ of a dominant position for the purposes of Article 102 and whether conduct should be condemned on account of the form it takes or only for its effects.
Alison Jones, Brenda Sufrin, Niamh Dunne
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Objective Justification and Article 102 TFEU

World Competition, 2012
Dominant firms that are accused of abusive behaviour may try to invoke an objective justification. If an objective justification is successfully invoked, the Article 102 of the Treaty on the Functioning of the European Union (TFEU) prohibition does not apply. The objective justification plea is useful to provide more legal certainty and coherence as to
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Efficiency and Capabilities in Article 102 TFEU

Journal of European Competition Law & Practice
The efficient competitor principle is a cornerstone of competition law. It acts as a guidepost to distinguish anticompetitive conduct from beneficial business practices. Accordingly, unilateral conduct becomes illegal if equally efficient competitors of the dominant firm cannot replicate it.1 Put differently, the AEC principle establishes that ...
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14. The elements of Article 102 TFEU

2019
This chapter discusses Article 102 TFEU, which applies to abusive conduct engaged in by undertakings in a dominant position. The dominant position must be held in a ‘substantial part’ of the internal market for EU competition law to apply. Abuses can take many forms, and include conduct designed to preserve or expand the power of the undertaking ...
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The Future of Article 102 TFEU after Intel

SSRN Electronic Journal, 2018
The Court judgment in Intel clarifies two crucial aspects relating to the interpretation of Article 102 TFEU. As a matter of principle, the provision is only concerned with the exclusion of rivals that are as efficient as the dominant firm. Dominant firms can adduce evidence rebutting the presumption that exclusive dealing and loyalty rebates are ...
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Article 102 TFEU: Exclusive Dealing and Rebates

Journal of European Competition Law & Practice, 2010
One sentence summary On 9 September the General Court upheld the Commission decision (COMP/E-1/38.113) finding that Tomra, a Norwegian producer of reverse vending machines (RVMs) had abused its dominant position in several national markets by operating a system of exclusivity agreements, individualised quantity commitments and individualised ...
L. Peeperkorn, E. Rousseva
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14. Competition law: Article 102 TFEU

2017
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. 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 ...
Elspeth Berry, Matthew J. Homewood, Barbara Bogusz   +2 more
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The Arbitrability of Articles 101 and 102 TFEU

2017
Whereas the arbitral tribunal is a non-national institution and has no lex fori in the conventional sense, legal practice has extended the applicability of Articles 101 and 102 TFEU not only to private actions in front of the national court but also in the context of arbitration.
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The Application of Article 102 TFEU in the Pharmaceutical Sector

2023
Even before the COVID-19 pandemic, European Union (EU) Member State health budgets were already under strain and the pace of pharmaceutical innovation was under scrutiny. One proposed tool to address these issues has been the enforcement of competition law, as suggested in the Commission’s 2020 Pharmaceutical Strategy.
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Modernisation Article 102 TFEU

2012
Modernisation of Article 102 EC Treaty is one of the topics under review. After the successful modernisation of Article 81 EC Treaty and the EC Merger Regulation, it is now the intention of the EC Commission to bring Article 102 in line with the "more economics based approach" too.
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