Competition Law, the Dominant Position
Critically discuss how Articles 102 have been implemented in order to pursue anticompetitive practices. Illustrate your answer with relevant case law.
This essay concerns on aspects of the European Union competition law and how it pursue anticompetitive practices. Article 102 TFEI which deals with situation of abuse of a dominant position in European Union competition law. The main objective of the competition law is to enhance efficiency for example maximise consumer welfare and allocation of resources; protect consumers and smaller firms; and facilitate creation of Single European Market.
Article 102 also has pursued anti-competitive through restrict any abuse by one or more undertaking 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 may affect trade between Member States. Question may arise here, whether how people may know they are in the dominant position. Regarding to the question, the Commission has laid down the test of dominant in relevant market in the case of United Brands Company v Commission where The dominant position referred to a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained on the relevant market by affording it the power to behave to an appreciable extent independently of its competitors, customers and ultimately its consumers.
This leads to another question a dominant position within what? The market in which an undertaking is operating therefore needs to be identified. The relevant market has divided into product market, geographical market and temporal market. For the relevant product market, before it can be said that an undertaking is in a dominant position in a market, it is necessary to define the range of products in competition with the undertakings in question. This is the first crucial step; the narrower the definition of the relevant product market, the more likely the
This essay concerns on aspects of the European Union competition law and how it pursue anticompetitive practices. Article 102 TFEI which deals with situation of abuse of a dominant position in European Union competition law. The main objective of the competition law is to enhance efficiency for example maximise consumer welfare and allocation of resources; protect consumers and smaller firms; and facilitate creation of Single European Market.
Article 102 also has pursued anti-competitive through restrict any abuse by one or more undertaking 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 may affect trade between Member States. Question may arise here, whether how people may know they are in the dominant position. Regarding to the question, the Commission has laid down the test of dominant in relevant market in the case of United Brands Company v Commission where The dominant position referred to a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained on the relevant market by affording it the power to behave to an appreciable extent independently of its competitors, customers and ultimately its consumers.
This leads to another question a dominant position within what? The market in which an undertaking is operating therefore needs to be identified. The relevant market has divided into product market, geographical market and temporal market. For the relevant product market, before it can be said that an undertaking is in a dominant position in a market, it is necessary to define the range of products in competition with the undertakings in question. This is the first crucial step; the narrower the definition of the relevant product market, the more likely the