STEP 6: Consequences for breach of Article 102 TFEU?
3 important questions on STEP 6: Consequences for breach of Article 102 TFEU?
Does EU Law provide protection and a defence to the dominant undertaking under Article 102 TFEU?
EU Law does not provide a defence to an organisation which has a dominant position in the market
What public action can the victim bring against the dominant undertaking's misconduct?
- Report the misconduct to the European Commission who will investigate and issue a decision that the undertaking has breached Article 102
- May be fined up to 10% of its worldwide turnover (Large fines imposed on Microsoft and Google)
- The National Competition Authorities (NCA) could investigate and impose fines for severe infringements
What private action can the victim bring against the dominant undertaking's misconduct?
- The victim can sue the dominant organisation in the national courts as Article 102 has direct effect (BRT v Sabam/ Reg 1/2003)
- Claim compensation for any loss suffered
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