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 7: Italy – new forms of abuse of dominance and abuse of law

Mario Siragusa

Abstract

The chapter compares EU and Italian case law as regards ‘new’ forms of abuse of dominance. ‘New’ forms of abuse mean practices that differ from those traditionally falling within the scope of Article 102 TFEU, and which generally take place in connection with regulatory processes or litigation. In doing so, the chapter explores the relationship between the EU concept of abuse of a dominant position and the concept of ‘abuse of law’ within the Italian legal system. Keywords: vexatious litigation; abuse of regulatory process; abuse of dominance based on exceptional circumstances; Italian courts; Italian NCA; intent

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