The Concept of Dominance in EC Competition Law

Abstract

The first prong of Article 82 of the EC Treaty, which prohibits abuses of a dominant position, requires, prior to the identification of abusive behaviour, evidence that the firm under scrutiny enjoys a dominant position. Surprisingly, this issue seems to be sometimes overlooked. Enforcers, practitioners and scholars have recently paid greater attention to the concept of abuse than to the question of dominance when discussing Article 82 EC. This should not, however, be interpreted as a sign that the law of dominance is clear. Quite to the contrary, the concept of dominance raises a wide array of questions which are discussed in the sections that follow.

Keywords: abuse of dominance, antitrust, EC competition law, market definition, barriers to entry, vertical integration, network effects, essential facilities, collective dominance, buyer power, economies of scale, economies of scope

JEL Classification: K21, L12, L13, L22, L40, L50