Abuse of Dominance in EU Competition Law
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Abuse of Dominance in EU Competition Law

Emerging Trends

Edited by Pier L. Parcu, Giorgio Monti and Marco Botta

Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.
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Chapter 4: Article 102 TFEU in the UK: victims of abuse go directly to court

Richard Whish

Abstract

This chapter analyses the recent cases of standalone actions for breaches of Article 102 TFEU in the UK courts. During the past few years, the UK Competition and Market Authority (CMA, formerly the Office for Fair Trade) and the sectoral regulators have adopted few decisions finding an infringement of Article 102 TFEU or its UK equivalent. On three recent occasions (i.e. Purple Parking v Heathrow Airport, Arriva v Luton Airport and Dahabshiil v Barclays Bank) firms have gone straight to court claiming to be the victim of abusive behaviours, rather than submitting a complaint to the CMA/OFT. Thus, the chapter analyses the recent trend in the increase in the number of standalone actions for breaches of Article 102 TFEU in the UK. Keywords: private enforcement; standalone claims; UK Competition and Market Authority; courts of England and Wales

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