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Underlying Considerations of an Abuse of a Dominant Position from the EU Law perspective

Publication at Faculty of Law |
2018

Abstract

An abuse of a dominant position forms on of the underlying pillars of competition law. It is the prior objective of competition law (or law pertaining to an abuse of a dominant position) to distinguish between practices that could have some exclusionary effect, however being result of a legitimate competitios on the merits, from other exclusionary practices, that could not be justified as a normal way of competition, as they abuse a special power, which is being held by a dominant undertaking and which firmly establishes an undertaking's position within the market.

This article deals with the underlying considerations of the European regulation of an abuse of a dominantn position with a more detailed look at the so called more economic approach that is being applied by the European Commission and Court of Justice.