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The notion of dominance in competition law: An overview of EU and national case law

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The purpose of this article is to look at the notion of dominance in the cases on the abuse of market power arising in the Member States in the last ten years, mainly those which have featured in e-Competitions [1]. The national courts and national competition authorities (NCAs) of the Member States apply both Article 102 TFEU, in cases where there is an effect on inter-Member State trade (although NCAs have been deprived of the power to take "negative decisions" by the Court of Justice's Tele2 Polska ruling of 3 May 2011 [2]), and the corresponding provisions of their domestic competition laws. An examination of the reports in e-Competitions reveal that NCAs often refer to the Commission's Guidelines on the effect of trade [3] in determining that conduct which might at first sight

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  • University of Bristol - Law School

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Brenda Sufrin, The notion of dominance in competition law: An overview of EU and national case law, 19 March 2015, e-Competitions Notion of dominance, Art. N° 43209

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