Abuse of a Dominant Position: Cases and Experiments

Abstract

Article 82 of the EC Treaty states that any abuse of a dominant position is prohibited, and mentions four examples of abuses: (i) directly or indirectly imposing unfair prices or other unfair trading conditions; (ii) limiting production or development to the prejudice of consumers; (iii) unequal treatment of trading parties, thereby placing some at a competitive disadvantage; and (iv) making use of tying contracts, hence, forcing unnecessary supplementary obligations on customers.