Dominance Abuse: Article 102 TFUE

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Questions and Answers

Under Article 102 TFUE and Article 2 LDC, which practice is prohibited for a company with a dominant market position?

  • Maintaining a high market share through innovation.
  • Charging excessively high prices for products without justification. (correct)
  • Engaging in fair competition with smaller companies.
  • Offering volume discounts to loyal customers.

What is the key legal principle regarding market dominance according to the legal framework?

  • Smaller companies are protected from competition by dominant companies.
  • Any company with a large market share is subject to strict regulations.
  • Maintaining market dominance is illegal under all circumstances.
  • Market dominance is acceptable, but abusing that dominance is illegal. (correct)

Which of the following practices would most likely be considered an abuse of a dominant market position?

  • Lowering prices temporarily to attract new customers.
  • Investing heavily in research and development to improve product quality.
  • Requiring customers to purchase a less desirable product as a condition of buying a popular one. (correct)
  • Offering discounts to students and senior citizens.

A company with a dominant position in the market for a key software program suddenly refuses to provide necessary updates to a smaller, competing company that relies on its compatibility. Which action best describes this scenario?

<p>Refusing to supply essential services. (A)</p> Signup and view all the answers

What was the primary reason for the fine imposed on Microsoft by the EU, according to the content?

<p>Bundling Windows Media Player with the Windows operating system. (A)</p> Signup and view all the answers

Which scenario exemplifies discriminatory pricing that would be prohibited under Article 102 TFUE and Article 2 LDC?

<p>A company charges different prices to different customers for the same product, without objective justification. (B)</p> Signup and view all the answers

How does the concept of 'tying contracts' relate to a company's abuse of its dominant position?

<p>It forces buyers to purchase a product they may not want in order to obtain a desired product from the dominant company. (D)</p> Signup and view all the answers

If a dominant company starts pricing its products so low that its competitors cannot compete and are forced out of the market, what type of abuse is exemplified?

<p>Predatory or unfair pricing. (D)</p> Signup and view all the answers

Why is it important to differentiate between simply being dominant in a market and abusing that dominant position?

<p>Dominance achieved through legitimate means like innovation is acceptable, but anticompetitive actions stemming from that dominance are not. (A)</p> Signup and view all the answers

A telecommunications company with a monopoly on local phone lines begins to offer internet service, requiring customers to subscribe to both in order to get either. What type of anti-competitive behavior is this?

<p>Tying contract. (B)</p> Signup and view all the answers

A pharmaceutical company holds a patent for a life-saving drug. Instead of licensing the drug to generic manufacturers, it refuses to supply the drug to a hospital that serves a low-income community unless they also purchase other, less essential medications at inflated prices. What type of abuse is this?

<p>Refusal to supply essential goods/services and exploitative pricing. (B)</p> Signup and view all the answers

How do legal frameworks like Article 102 TFUE aim to protect consumers and competition?

<p>By preventing dominant companies from engaging in practices that harm competition and limit consumer choice. (D)</p> Signup and view all the answers

What is the key difference between offering a general discount to all customers and engaging in discriminatory pricing?

<p>Discriminatory pricing involves charging different prices to similar customers without objective justification, while general discounts are offered to all. (C)</p> Signup and view all the answers

A software company releases a new version of its popular operating system. They design it in such a way that competing software programs no longer function correctly, effectively eliminating competition. How is this best classified?

<p>An abuse of dominance by hindering competition. (B)</p> Signup and view all the answers

How can a company with a dominant position ethically and legally compete in the market?

<p>By focusing on innovation, improving product quality, and engaging in fair pricing strategies that benefit consumers. (A)</p> Signup and view all the answers

Flashcards

Market Dominance

Having substantial market power but not necessarily illegal.

Article 102 TFUE & Art. 2 LDC

Article prohibiting unfair or discriminatory practices by dominant companies.

Unfairly High Pricing

Setting excessively high prices that exploit customers.

Discriminatory Pricing

Selling the same product at different prices without justification.

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Tying Contracts

Forcing customers to buy an unwanted product along with a desired one.

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Refusal to Supply

Refusing to provide essential goods or services to competitors.

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Microsoft EU Case

A company fined for bundling Windows Media Player with Windows.

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Study Notes

  • Dominance is not illegal, abuse of dominance is.
  • Article 102 TFUE and Article 2 LDC prohibit specific actions by dominant companies.

Prohibited Actions

  • Unfair pricing, either too high or too low, is prohibited
  • Discriminatory pricing, which involves charging different prices for equivalent transactions, is not allowed.
  • Tying contracts, which force buyers to purchase an unwanted product, often as part of a package, are prohibited
  • Refusing to supply essential goods or services is against regulations.

Notable Cases

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

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