Chapter

Abuse of dominance (1):

Richard Whish and David Bailey

in Competition Law

Eighth edition

Published on behalf of Oxford University Press

Published in print July 2015 | ISBN: 9780199660377
Published online October 2015 | e-ISBN: 9780191788031 | DOI: http://dx.doi.org/10.1093/law:ocl/9780199660377.003.0017
Abuse of dominance (1):

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This chapter looks at how EU and UK competition authorities deal with abusive non-pricing practices. These include exclusive dealing agreements; tying practices; refusal to supply; abusive non-pricing practices that are harmful to the single internal market; and other analogous practices. In exclusive dealing agreements, where a purchaser is prevented from purchasing competing products from anyone other than the dominant firm, the Court of Justice held that irrespective of the actual impact to the market competition, the dominant firm is still liable for breach of the Article 102 TFEU. In tying, wherein a dominant firm ‘leverages’ its position to the tying product in order to achieve increased sales on the said product, Article 102 TFEU may be breached as well. Unlike the previous two, the refusal to supply of dominant firms may or may not infringe provisions of the TFEU in special circumstances.

Keywords: Commission; Intellectual property rights and; Pricing practices, types of; Articles 101 and 102 TFEU; Enforcement of Articles 101 and 102 TFEU

Chapter.  21175 words. 

Subjects: Competition Law

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