ABUSE OF A DOMINANT POSITION - Advocatennet
ABUSE OF A DOMINANT POSITION - Advocatennet ABUSE OF A DOMINANT POSITION - Advocatennet
Overview • Art. 82 EC: general issues – Typology of abuses – Causality between abuse and dominance – Interaction with Art. 81 EC – Remedies • Exclusionary abuses: analytical framework for assessment – Hoffmann-La Roche (1979) – Commission’s Discussion Paper (2005) – British Airways and Microsoft (2007) • Exclusionary abuses: post-Discussion Paper pricing cases – Loyalty y rebates (Tomra) – Margin squeeze (Telefonica) 2
• Continental Can I. Art. 82 EC: general issues (1) - typology of abuses - – 26. “The provision is not only aimed at practices which may cause damage to consumers directly, but also at those which are detrimental to them through their impact on an effective competition structure (…). Abuse may therefore occur if an undertaking in a dominant position strengthens th such position in such a way that the degree of dominance reached substantially fetters competition, i.e. that only undertakings remain in the market whose behavior depends on the dominant one.” – Typology • Exclusionary abuses: focus on distortion of competitive process • Exploitative abuses: focus on direct customer / consumer harm 3
- Page 1: Brussels Bar, Flemish Section 3rd I
- Page 5 and 6: I. Art. 82 EC: general issues (3) -
- Page 7 and 8: II. Exclusionary abuses: analytical
- Page 9 and 10: II. Exclusionary abuses: analytical
- Page 11 and 12: II. Exclusionary abuses: analytical
- Page 13 and 14: II. Exclusionary abuses: analytical
- Page 15 and 16: II. Exclusionary abuses: analytical
• Continental Can<br />
I. Art. 82 EC: general issues (1)<br />
- typology of abuses -<br />
– 26. “The provision is not only aimed at practices which may cause damage to<br />
consumers directly, but also at those which are detrimental to them through their<br />
impact on an effective competition structure (…). Abuse may therefore occur if<br />
an undertaking in a dominant position strengthens th such position in such a way<br />
that the degree of dominance reached substantially fetters competition, i.e. that<br />
only undertakings remain in the market whose behavior depends on the<br />
dominant one.”<br />
– Typology<br />
• Exclusionary abuses: focus on distortion of competitive process<br />
• Exploitative abuses: focus on direct customer / consumer harm<br />
3
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