| Commentary

95 Abuse of a dominant position

| Commentary

95 Abuse of a dominant position

Article 102 of the TFEU prohibits the abuse by one or more undertakings of a dominant position within the European Union or a substantial part of it that may affect trade between member states. Identifying the relevant market is of central importance to any proceedings brought under this Article and an undertaking with a relatively small share in the relevant market could be regarded as dominant if it holds key intellectual property or other rights. Examples of abuse prohibited under Article 102 include:

  1. 95.1

        imposition of unfair practices or trading conditions;

  2. 95.2

        limiting production,

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