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Communication From the Commission Guidance on the Commission’s enforcement priorities in applying Article [102] of the to abusive exclusionary conduct by dominant undertakings (2009/C 45/02) (European Commission) 2009/C45/02, [2009] OJ C 45/7

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 12 August 2020

1. Article [102] of the [Treaty on the Functioning of the European Union] (‘Article [102]’) prohibits abuses of a dominant position. In accordance with the case-law, it is not in itself illegal for an undertaking to be in a dominant position and such a dominant undertaking is entitled to compete on the merits. However, the undertaking concerned has a special responsibility not to allow its conduct to impair genuine undistorted competition on the common market. Article [102] is the legal basis for a crucial component of competition policy and its effective...
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