17. Competition law

2017 ◽  
Author(s):  
Alison Jones ◽  
Christopher Townley
Keyword(s):  
Competition Law ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Core Competition ◽  
Position Article ◽  
Article 102 Tfeu

This chapter examines the two core competition rules that govern anti-competitive agreements (Article 101 TFEU) and abuse of a dominant position (Article 102 TFEU). It begins with an overview of EU competition law. It then discusses the enforcement and consequences of infringement; who Articles 101 and 102 TFEU apply to and when they apply. It also identifies anti-competitive agreements and conduct.

17. Competition law

2020 ◽  
pp. 544-582
Author(s):  
Alison Jones ◽  
Christopher Townley
Keyword(s):  
Competition Law ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Core Competition ◽  
Position Article ◽  
Article 102 Tfeu

This chapter examines the two core competition rules that govern anti-competitive agreements (Article 101 TFEU) and abuse of a dominant position (Article 102 TFEU). It begins with an overview of EU competition law. It then discusses the enforcement and consequences of infringement; who Articles 101 and 102 TFEU apply to and when they apply. It also identifies anti-competitive agreements and conduct.

14. The elements of Article 102 TFEU

2019 ◽  
pp. 309-343
Author(s):  
Sandra Marco Colino
Keyword(s):  
Competition Law ◽  
Internal Market ◽  
Substantial Part ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Article 102 Tfeu

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 (‘exclusionary abuses’) and conduct aiming to exploit the power of the undertaking (‘exploitative abuses’). No exemptions are available, but the alleged abusive conduct may be defended on the grounds that it is ‘objectively justifiable’ or if there are efficiency justifications. A breach of Article 102 TFEU may incur penalties, damages, and a requirement of conduct modification.

10. An Introduction to EU Competition Policy and Law

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
State Aid ◽  
Merger Control ◽  
Dominant Position ◽  
Eu Merger Control ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Relationship ◽  
Article 102 Tfeu

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.

8. EU competition law: Article 102 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
Dominant Position ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Abusive Behaviour ◽  
Article 102 Tfeu

This chapter focuses on Article 102 of the Treaty on the Functioning of the European Union (TFEU). Article 102 prohibits, as incompatible with the internal market, any abuse by undertakings in a dominant position within the internal market in so far as it may affect trade between Member States. It should be noted at the outset that ‘dominance’ itself is not prohibited, but only when such dominance is accompanied with abusive behaviour that may affect trade. Like Article 101, Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.

10. An Introduction to EU Competition Policy and Law

2019 ◽  
pp. 352-392
Author(s):  
Nigel Foster
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
State Aid ◽  
Merger Control ◽  
Dominant Position ◽  
Eu Merger Control ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Relationship ◽  
Article 102 Tfeu

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Articles 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law; state aid; and EU merger control.

23. Particular sectors

2021 ◽  
pp. 1019-1055
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Transport Sector ◽  
Current Debate ◽  
Electronic Communications ◽  
Digital Platforms ◽  
Military Equipment ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Eu

This chapter deals with four issues. First it will briefly examine three sectors of the economy that are wholly or partly excluded from EU competition law, namely nuclear energy, military equipment and agriculture; the special regime that once existed for coal and steel products under the former European Coal and Steel Community (‘the ECSC’) Treaty is also mentioned in passing. Secondly, it will explain the application of the EU competition rules apply to the transport sector. Thirdly, the chapter will consider the specific circumstances of four so-called ‘regulated industries’, electronic communications, post, energy and water, where a combination of legislation, regulation and competition law seek to promote competition. Last, but by no means least, the current debate concerning digital platforms is discussed where it is likely that ex ante regulatory rules will be introduced, both in the EU and the UK, to address concerns about anti-competitive conduct and a tendency towards the monopolisation of markets.

5 Enforcement, Institutions, and Procedure

2012 ◽  
Author(s):  
Geradin Damien ◽  
Layne-Farrar Anne ◽  
Petit Nicolas
Keyword(s):  
Competition Law ◽  
Public Enforcement ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules

This chapter discusses the enforcement of EU competition law. EU competition law is primarily enforced through a system of ‘public enforcement’, where specialized administrative institutions initiate, decide, and terminate cases. Articles 101 and 102 TFEU are enforced by competition authorities at both the European—by the Commission—and national levels—by national competition authorities (NCAs). Since the adoption of Regulation 1/2003, the Commission and the NCAs form a ‘network’ of competition authorities called the European Competition Network (ECN). A set of specific legal mechanisms have been adopted to ensure a harmonious and effective enforcement of EU competition rules amongst the ECN. In addition, national courts also offer a remedial avenue for plaintiffs seeking to invoke EU competition rules. The chapter then looks at how the Commission and NCAs process competition cases. In general, a competition case goes through four stages: detection, investigation, evaluation, and decision.

28. Competition Law: Article 102

EU Law ◽  
2020 ◽  
pp. 1126-1162
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Market Power ◽  
Competition Policy ◽  
Competition Law ◽  
Legal Regulation ◽  
The Core ◽  
Eu Competition Law ◽  
Per Se ◽  
The Uk ◽  
Article 102 Tfeu ◽  
Number Of Firms

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter focuses on another principal provision concerned with competition policy: Article 102 TFEU. The essence of Article 102 is the control of market power, whether by a single firm or, subject to certain conditions, a number of firms. Monopoly power can lead to higher prices and lower output than would prevail under more normal competitive conditions, and this is the core rationale for legal regulation in this area. Article 102 does not, however, prohibit market power per se. It proscribes the abuse of market power. Firms are encouraged to compete, with the most efficient players being successful. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit. EU law

scholarly journals Market Power Abuse in EU And UK: A Review of Consumer Detriment Issues

2015 ◽  
Vol 4 ◽  
pp. 27-46
Author(s):  
Afroza Bilkis ◽  
Supravat Halder
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
Active Participation ◽  
Dominant Position ◽  
Fair Competition ◽  
Eu Competition Law ◽  
The Status

When a dominant company exploits its market power and that harms fair competition in the marketplace, average consumers remain in the most vulnerable condition having vital influence on but no active participation in the functioning of the market. The actions of a business that has market power can have serious effects on the operation of a market. An undertaking in a dominant position may use its market power in several ways, the most common being exploiting consumers by artificial scarcity and increasing prices. Moreover, there may be diverse interpretation as to the nature of an undertaking while considering market power abuse cases for the purposes of European Union (EU) Competition law. It is significant to consider the status of consumers in a market to see if dominant entities are abusing their powers and therefore test the level of commercialization.Northern University Journal of Law Vol.IV 2013; p.27-46

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