Abuse of Dominance: Article 102 TFUE

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Questions and Answers

A company with a dominant market position is automatically in violation of Article 102 TFUE.

False (B)

Charging excessively high prices to exploit customers is an example of abusive behavior prohibited by competition law.

True (A)

Offering different prices to different customers for the exact same product, due to variations in production costs, is generally permissible under competition law.

False (B)

Tying contracts are illegal because they restrict consumer choice and limit competition in the tied product market.

<p>True (A)</p> Signup and view all the answers

A dominant company is legally obligated to supply its products or services to any potential customer, regardless of their distribution strategy.

<p>False (B)</p> Signup and view all the answers

The Microsoft case resulted in a fine due to the company forcing users to install Internet Explorer instead of Windows Media Player.

<p>False (B)</p> Signup and view all the answers

Article 102 TFUE applies to any company, regardless of its market share.

<p>False (B)</p> Signup and view all the answers

Charging prices below cost is always considered fair because it benefits consumers.

<p>False (B)</p> Signup and view all the answers

Article 2 LDC exclusively deals with mergers and acquisitions.

<p>False (B)</p> Signup and view all the answers

If a company develops a new product and bundles it with an existing popular product, it is automatically a violation of tying contract regulations.

<p>False (B)</p> Signup and view all the answers

Flashcards

Dominance

Having a powerful position in a market.

Unfair pricing

Making prices too high or too low to hurt competition.

Discriminatory pricing

Charging different prices for the same thing to different people.

Tying contracts

Forcing customers to buy something they don't want with something they do.

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Refusing to supply

Refusing to provide a necessary product or service to harm competition.

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Article 102 TFUE

Prohibits abuse of a dominant market position within the EU.

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Article 2 LDC

Prohibits abuse of a dominant market position.

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Study Notes

  • Dominance by a company is not illegal, it is the abuse of dominance that is illegal
  • Article 102 TFUE and Article 2 LDC prohibit certain actions from dominant companies

Prohibited actions:

  • Unfair pricing, either excessively high or artificially low
  • Discriminatory pricing, which involves charging different prices for equivalent transactions
  • Tying contracts, which compel buyers to purchase an unwanted product, often as part of a package
  • Refusal to supply essential goods or services

Notable Cases:

  • Microsoft was fined €497 million by the EU for bundling Windows Media Player with Windows

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