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Part II Legal Foundations, 5 The General Framework of the Abuse Tests in EU Law

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: 22 June 2021

Abuse of dominant position

This chapter assesses the key principles of the abuse test under Article 102. Article 102 envisages a causal link between dominance and abuse. The causal link must be established between dominance and competitive harm. Therefore, dominance must be an integral part of the assessment of competitive harm. Since the abuse tests under Article 102 rely on anti-competitive effects to presume competitive harm, this requirement means that dominance must be an integral element of the assessment of anti-competitive effects. Proof of the causal link between dominance and anti-competitive effects is particularly important in multi-market abuses where it is necessary to prove that dominance gives the undertaking in question either the ability or the incentive to harm competition by engaging in abusive conduct or causing anti-competitive effects on market on which it is not dominant.

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