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 6: Finding of dominance in Austria and Germany – what is the proper role of presumptions of dominance?

Florian Schuhmacher

Abstract

Austria and Germany both have provisions on the abuse of dominance that incorporate the principles of the abuse of dominance under Article 102 TFEU. However, both national laws differ from the European provision in respect to the finding of dominance. Both national laws contain legal presumptions for dominance shifting the burden of proof to the defendant. The presumptions apply to single and collective dominance. The chapter analyses theses presumptions conceptually and how they are applied in practice in the jurisprudence of the German and Austrian courts, as well as in the decisions of the Austrian and German National Competition Authorities (NCAs). Keywords: presumption of dominance; market share; Section 18 GWB; Section 4 Austrian Kartellgesetz

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