U.S. law - Examples and cases of violations of Article 82 (abuse of dominant position)
- What is a 'dominant position' or 'dominance'
- When does an abuse of dominance occur ? What are the examples of such (highlighted in grey)?
- Exploitative abuse
- Exclusionary abuse
Article 82 of the consolidated version of the 1997 EC Treaty, prohibits the abuse of dominance by one or more companies located in the EU or in a substantial part of it. In order to be considered, this abuse must affect trade between the member states. Article 82 is currently being reviewed by the Commission. The European Court of Justice has defined dominant position in the United Brands decision (1978) as "a position of economic strength enjoyed by an undertaking [a company], which enables it to prevent effective competition being maintained on the relevant market, by giving it the power to behave to an appreciable extent independently of its competitors, customers, and ultimately of its consumers." This dominance occurs only when there are barriers to entry to the market and it is persistent when the market is not contestable. Dominance usually implies a 40-50% market share and the market considered must be relevant.
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