| Commentary

86.1 Exploitative abuses

| Commentary

86 Abuse

86.1 Exploitative abuses

There is nothing objectionable in a dominant position per se. TFEU Article 102 will only be contravened where a party with dominance abuses that position. A non-exhaustive list of abusive behaviour appears in Article 102.

In practice, abuses prohibited under Article 102 are often divided into two categories—exploitative and anti-competitive—although this is purely for convenience and does not represent any legal classification. In fact, many kinds of behaviour can fall into both categories and a precise categorisation is not necessary for the successful application of Article 102. Exploitative abuses include the imposition of unfair prices or unfair

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial