Abuse of dominant position article 102 tfeu european. General 2 a commission publishes guidance on application of competition rules in car sector 2 1. Introduction to eu competition law ieb 15 january 2010. In fact, there are three subsections in article 101. Google and the everstretching boundaries of article 102 tfue. Article 102 tfue may be construed as including privacy concerns 10. Enforcement of competition policy in the food retail sector contribution by javier berasategi the views expressed are those of the authors and do not necessarily reflect the views of unctad. If article 102 was not in place, competition would be capable of being distorted as firms would be free to collude or merge with their competitors and place unnecessary restrictions on the market.
As the literature on this distinction is profuse, the current article will mainly attempt to give an overview of recent cases in which principals andor agents were found liable for anticompetitive behavior under article 1011 or 102 tfue, especially where the agreement facilitated collusion or. This paper will analyze the impact of the modernized approach to article 102 tfeu on the application of the prohibition of dominant position abuse contained in polish competition law. Other precedents include united brands and glaxo greece. Article 102 tfeu provides a nonexhaustive list of examples of abusive practice. Retrospective assessment, no time limits, triggered by commission or complainants except leniency, low number of cases. Article 1012 declares that any agreement or decision prohibited by art. Basic concepts and case studies nicolas petit university of liege 11 july 2011.
Article 102 of the treaty on the functioning of the european union tfeu prohibits abusive conduct by companies that have a dominant position on a particular market an article 102 case dealt with by the european commission or a national competition authority can originate either upon receipt of a complaint or through the opening of an owninitiative investigation. The aim of this report is to analyse possible adaptations of competition law in the digital era in order to ensure innovation in favour of consumers. Public bodies and competition law a guide to the application of the competition act 1998 december 2011. In which ways should privacy concerns serve as an element. Intergovernmental group of experts on competition law and policy, fifteenth session geneva, 1921 october 2016 round table on. These best practices neither apply to proceedings under the ec merger regulation5 nor to state aid proceedings6. Pdf merge free is the best online service to join your pdfs into one. The application of article 102 tfeu by the european.
The application of article 102 tfeu by the european commission and the european courts romano subiotto qc, and david r. Sara lembo, the italian competition authority opens an investigation against the incumbent railway operator for breach of art 102 tfue ferrovie dello stato, 22 may 20, ecompetitions may 20, art. Alongside merger remedies and article 9 commitments, article 7 remedies can shape markets in very significant ways. Alongside merger remedies and article 9 commitments, article 7 remedies can shape markets in very signi. Procedural rules and case handling dg comps experience. How far can the commission go when imposing remedies. Since september 2016, the commission has also been making use of an accelerated settlement tool in addressing infringements of article 102 tfeu under the cooperation procedure. Antitrust abuse of dominant position article 102 tfeu legislation in force. Introduction at the end of 2012, there were a total of 30 active article 102 tfeu dossiers.
Avoiding these five key pitfalls can help companies realize their full potential. How far can the commission go when imposing remedies for. Intergovernmental group of experts on competition law and. Continuous merger roc rt 870 represents the symbol of a revolutionary raking system. Commission notice on best practices for the conduct of proceedings concerning articles 101 and 102. Her work has included the application of empirical models to evaluate the competitive impact of mergers and to estimate damages in price fixing and patent infringement investigations, and she has provided advice and expert reports in the context of merger control, article 101 and article 102 tfue proceedings. The eu competition rules on horizontal agreements 3 application of the article 1011 prohibition and article 10 criteria 1. Accordingly, the question arises of whether this trend illustrated by the facebook case in germany can and should be expanded. Hvgorac 2011, isbn 9789632581187 companion website. All references to art 82 ec should be understood as references to the current article 102 of the treaty on the functioning of the european union as renamed by the treaty of lisbon, which entered into force on 1 december 2009. Council adopts eu merger regulation 406489, now 92004. Article 7 remedies for infringements of articles 101 and 102 tfue have a specific function bringing the infringement effectively to an end, which is distinct from interim measures, fines, and actions for damages. Substantive, procedural, organisational and practical implications of the more economic approach 58 ii.
In line with the caselaw of the court of justice of the european union, the concept of a concerted practice refers to a form of coordination between undertakings by which, without it having reached the stage where an agreement properly socalled has been concluded, practical cooperation between them is knowingly substituted for the risks of. Eu competition law eu competition law merger legislation. The italian competition authority opens an investigation. On 2 march 2016, the german bundeskartellamt bka launched an investigation against facebook under art.
On 4 april 2019, the european commission hereinafter referred to as the commission published a report prepared by a panel of three special advisers on competition policy for the digital era hereinafter referred to as the report. Indeed, it seems that the facebook case is based on german law and jurisprudence23 therefore, the possibility to. The undertaken analysis shows that the application of article 101 tfue to oligopolistic markets is currently limited to the assessment of information exchange systems and that the usefulness of the concept of collective dominant position in the context of application of article 102 tfeu is also constrained by the ex post nature of the control. The european single market, internal market or common market is a single market which seeks to guarantee the free movement of goods, capital, services, and labour the four freedoms within the european union eu. The market encompasses the eus 28 member states, and has been extended, with exceptions, to iceland, liechtenstein and norway through the agreement on the european. Infringement proceedings against member states based on article 106 tfeu in conjunction with articles 101 102 tfeu fall outside the scope of the best practices. Team 20112012 article 10 an article 101 violation, as in tmobile, is one that satisfies the elements of article 1011. The eu competition rules on horizontal agreements pdf. Pdf impact of the new approach to article 102 tfeu on. Volume 6 issue 5 journal of european competition law.
Every merger or acquisition requires a wellthoughtout and structured plan, carefully explaining how the deal enhances the companys core strategy. Best practices on the disclosure of information in data. The main difference compared to traditional rakes is represented by the pickup system. Criticism of the original concept of dominance 62 1.
Alternatively, you can press upload pdfs button to select pdf files. Article 10 provides a basis to make article 1011 inapplicable to certain. It is a simple, lightningfast desktop utility program that lets you combine two or more acrobat pdf files into a single pdf. Data could confer a high advantage to undertakings which are going to target a merger or an acquisition but also creating an unfair market in competition law. Eu mergers, eu merger control regulation 92004, implementing merger control regulation 126920. Article 102 ex article 82 tec any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between member states. Case law of the european courts 2 a the fine imposed on the tomra group confirmed by the court of justice 2. Article 101 tfeu is one of the most prominent treaty provisions on competition. Development of the more economic approach under article 102 tfeu 61 1. Hover a pdf file and hold your mouses left button to move it up or down. Pdf merge free online free online tool to joinmerge. Article 102 tfue, to contrast with judgments handed down under eumr 32.