From: The Foundations of European Union Competition Law: The Objective and Principles of Article 102
- Abuse of dominant position
This introductory chapter provides an overview of Article 102, which prohibits any abuse by one or more undertakings of a dominant position within the internal market. It is a fundamental element of the economic law of the European Union. However, its objective and scope are undefined. Only once the objective has been identified, can the legal tests for dominance and abuse be understood and developed consistently with the teleological hermeneutics that the case law mandates. This book then adopts an integrated and holistic approach to the analysis of the objective and the tests of Article 102, examines the objective and principles of Article 102 within the framework of the Treaties, and analyses Article 102 not only from a legal perspective but also under the lens of economics.