Chapter

The General Framework of the Abuse Tests in EU Law

Renato Nazzini

in The Foundations of European Union Competition Law

Published in print December 2011 | ISBN: 9780199226153
Published online January 2012 | e-ISBN: 9780191730856 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199226153.003.0005

Series: Oxford Studies in European Law

The General Framework of the Abuse Tests in EU Law

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This chapter identifies the key principles of the abuse test under Article 102. It starts by laying down the conceptual and contextual premises of the test under Article 102. These are the development of proportionality as an analytical structure and the application of the principle of proportionality in Union law in general and under Article 101 in particular. It goes on to analyse the proportionality test under Article 102 and the key principles that shape the concept of abuse, namely the definition of abuse in the case law, effective competition, and the ‘doctrine’ of the special responsibility of the dominant undertaking. Then, the chapter examines the causal link between dominance, conduct, and effect. Finally, conclusions are drawn.

Keywords: Article 102; abuse test; proportionality; Article 101; special responsibility; dominant undertaking

Chapter.  17941 words. 

Subjects: EU Law

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