Handbook on European Competition Law

Handbook on European Competition Law

Substantive Aspects

Edited by Ioannis Lianos and Damien Geradin

Handbook on European Competition Law: Substantive Aspects sets the context for examination of substantive law by reviewing and analyzing the goals of competition law. It then covers the substantive building blocks of EU competition law, including horizontal and vertical agreements, cartels, mergers, and also provides valuable coverage of the interaction between competition and regulation, hub and spoke collusion, and information exchange agreements. The importance of the abuse of dominance doctrine is reflected in three discrete chapters considering exploitative abuses, exclusionary pricing abuses, and exclusionary non-pricing abuses.

Chapter 8: Dominance and market power in EU competition law enforcement

Andrea Coscelli and Geoff Edwards

Subjects: economics and finance, competition policy, law - academic, competition and antitrust law, european law

Extract

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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