EU COMPETITION LAW - Article 102: Abuse of A Dominant Position - Post-Guidance: Judgments of Union Courts

4 important questions on EU COMPETITION LAW - Article 102: Abuse of A Dominant Position - Post-Guidance: Judgments of Union Courts

Courts have stressed importance of protecting the process of competition for the benefit of consumers.

C-280/08 P Deutsche Telekom AG v Commission, para 177
C-52/09 TeliaSonera
C-209/10 Post-Danmark

C-280/08 P Deutsche Telekom AG v Commission, para 177

"Article 102 TFEU prohibits a dominant undertaking from, inter alia, adopting pricing practices which have an exclusionary effects on its equally efficient actual or potential competitor".

The Courts have adopted an effect-based approach.

C-280/08 P Deutsche Telekom AG v Commission [2010] ECR I-9555
C-52/09 TeliaSonara [2011] ECR I-527
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

The Courts have confirmed the use of EFFICIENCIES as a DEFENCE.

C-209/10 Post-Danmark

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo