| Commentary

86.2 Anti-competitive abuses

| Commentary

86.2 Anti-competitive abuses

An anti-competitive abuse is an abuse which is not in itself unfair or oppressive but which is damaging because it reduces or eliminates competition. In other words, the undertaking is using its position in such a way as to undermine or eliminate existing competitors, or to prevent new competitors from entering the market, thereby reinforcing or increasing its dominance. Examples include tying-in arrangements, predatory pricing and certain cases of refusal to supply. A good example of a tying-in arrangement can be found in the case of Hoffmann-La Roche AG v Commission1, where a drugs company offered fidelity

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