Chapter 8: Dominance and market power in EU competition law enforcement
Establishing dominance (or its synonyms, significant or substantial market power (‘SMP’)) is an essential requirement for a finding of an abuse under Article 102 of the TFEU and equivalent provisions in European Member States. This distinguishes European competition law from that of the United States where, under Section 2 of the Sherman Act, it is possible to find abusive anti-competitive behaviour by a firm that was not dominant at the time of the abuse. Dominance on its own does not constitute a contravention of Article 102. There also needs to be an abusive act that is at least capable of having harmful effects (or, according to some, evidence that an abusive act will have actual or likely harmful effects). Firms can be dominant individually (single dominance) or in concert with others (collective dominance).
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