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Part II Legal Foundations, 4 The Objective of Article 102

From: The Foundations of European Union Competition Law: The Objective and Principles of Article 102

Renato Nazzini

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 13 June 2021

Abuse of dominant position — Articles 101 and 102 TFEU — Application of EU competition rules — Merger control

This chapter identifies the objective of Article 102 through a process of literal and teleological interpretation. The literal interpretation of Article 102 sheds little light on its objective. The only element that points to the purpose of the prohibition is the requirement that abuses of a dominant position are prohibited as ‘incompatible with the internal market’. Therefore, the purpose of Article 102 must be determined in the light of the objectives of the internal market. A literal interpretation of Article 3(3) reveals that the economic objective of the internal market is to maximize long-term social welfare through productivity growth. Therefore, this is also the objective of the EU competition rules and Article 102 in particular. The chapter then looks at the case law on Articles 101 and 102 and the EU Merger regime.

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