What is 102 abuse of dominance?

Article 102 prohibits abusive behaviour by companies holding a dominant position on any given market. This includes behaviour that excludes competitors from the market, known as exclusionary abuses of dominance.

What is Article 102 abuse of dominance?

Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.

What is an example of abuse of dominance?

Abuse of dominance involves a misuse of market power/dominance. Examples of abuses include: predatory pricing; unjustifiable refusal to supply; and illegal rebates and discounts. Certain forms of market conduct, which are otherwise lawful, may be prohibited when pursued by a company in a dominant position.

What do you mean by abuse of dominance?

ABUSE OF DOMINANCE. Dominance is not considered bad per se but its abuse is. Abuse is stated to occur when an enterprise or a group of enterprises uses its dominant position in the relevant market in an exclusionary or/ and an exploitative manner.

What is the difference between Article 101 and 102?

In broad terms, Article 101 prohibits business agreements or arrangements which prevent, restrict, or distort competition within the internal market and affect trade between Member States whilst Article 102 prohibits, as incompatible with the internal market, any abuse by undertakings in a dominant position within the ...

EU Competition Law - Articles 101 and 102

What is the meaning of Article 102?

One of the important provisions of the Constitution is Article 102 of Indian Constitution which deals with the disqualifications for membership. The provision ensures that those who are unfit or not eligible to hold office are prevented from being elected as the members of the Parliament.

What does Article 101 prohibit?

Article 101 prohibits agreements that have as their object or effect the restriction, prevention or distortion of competition within the EU and which have an effect on trade between EU member states.

What is the criminal abuse of dominance?

Abuse of a dominant position occurs when a dominant firm or a dominant group of firms engages in a practice of anti-competitive acts, with the result that competition has been, is, or is likely to be prevented or lessened substantially in a market.

Which of these behaviours is an abuse of dominance?

Examples of behaviour that may amount to an abuse include: requiring buyers to purchase all units of a particular product only from the dominant company (exclusive purchasing); setting prices at a loss-making level (predation or predatory pricing); refusing to supply input indispensable for competition in an ancillary ...

How can dominance be violated?

We identify the most common causes for violations of dominance, namely framing, reference points, certainty effects, bounded rationality, emotional responses, the “less-is-more” effect, and the “peak-end” rule.

What are the examples of dominating behavior?

What is the simple example of the law of dominance?

The Law of Dominance explains this through the masking effect of dominant alleles. In the F1 generation, a recessive trait like dwarfism in pea plants seems to disappear because all offspring are heterozygous (Tt) and express the dominant tall trait. However, the recessive allele (t) is still present.

What is exclusive dealing abuse of dominance?

It deals in turn with exclusive dealing agreements; tying; refusals to supply; preferential treatment, unfair trading conditions, abusive non-pricing practices that are harmful to the single market; and miscellaneous other non-pricing practices which might infringe Article 102 or the Chapter II prohibition.

What are the examples of abuse of dominant position?

Some of the more common types of abuse by dominant firms include tied selling, predatory pricing, exclusive dealing, market restriction and price squeezing. Tied selling occurs where a supplier, as a condition of supplying a good or service requires a customer to acquire another good from the supplier or his nominee.

What is exploitative abuse of a dominant position?

Exploitative abuse enables the firm to increase its profits by exploiting its market power; a step along the road, if you like, towards having monopoly power. Exclusionary abuse is aimed at excluding or removing competitors from the market.

What is Article 102 of the United Nations?

Article 102

No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.

What are the types of abuse of dominance?

Abusive practices of a dominant firm are of different types and come in different forms, such as: (i) excessive pricing; (ii) price discrimination; (iii) tied and conditional selling; (iv) refusal to deal; (v) predatory pricing; (vi) raising rivals' costs; and (vii) various forms of vertical restraints.

What is Article 102 dominance?

Article 102 prohibits abusive behaviour by companies holding a dominant position on any given market. This includes behaviour that excludes competitors from the market, known as exclusionary abuses of dominance.

What is the ssnip test?

ABSTRACT The Hypothetical Monopolist or Small but Significant Non-transitory Increase in Prices (SSNIP) test defines the relevant market by determining whether a given increase in product prices would be profitable for a monopolist in the can- didate market.

What is the psychology behind dominance?

Dominant individuals accrue social influence and achieve superior resource access and greater fitness through their greater coercive control over costs and benefits; they maintain their attained rank in a stable hierarchy through intimidation and threats.

What are the practices of abuse of dominance?

The abuse of a dominant position by a firm may include excessive pricing of goods or services, denying competitors access to an essential facility, price discrimination (unjustifiably charging customers different prices for the same goods or services) and other exclusionary acts (such as refusal to supply scarce goods ...

What is the difference between dominance and aggression?

Aggression in adults is shaped by early life experiences and other factors. Dominance hierarchies limit conflict escalation and maintain social stability. Aggressiveness in key individuals can affect group dynamics and group persistence. Aggression and dominance status are mediated by neuroendocrine variables.

What do you mean by Article 101?

Article 101 of Indian Constitution ensures that no individual can hold membership in both Houses of Parliament or in both Parliament and a State Legislature simultaneously. It promotes dedicated representation by requiring individuals elected to both to vacate one seat.

What is the antitrust rule?

In the United States, antitrust law is a collection of mostly federal laws that govern the conduct and organization of businesses in order to promote economic competition and prevent unjustified monopolies.

What is Article 101 concerted practices?

Article 101(1) TFEU₁ bans agreements and concerted practices* between companies and groups of companies that may affect trade between EU countries and whose purpose is to prevent, restrict or distort competition within the EU's single market.