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Parcu, Pier Luigi; Monti, Giorgio; Botta, Marco --- "Introduction" [2017] ELECD 443; in Parcu, L. Pier; Monti, Giorgio; Botta, Marco (eds), "Abuse of Dominance in EU Competition Law" (Edward Elgar Publishing, 2017) 1

Book Title: Abuse of Dominance in EU Competition Law

Editor(s): Parcu, L. Pier; Monti, Giorgio; Botta, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785367618

Section: Chapter 1

Section Title: Introduction

Author(s): Parcu, Pier Luigi; Monti, Giorgio; Botta, Marco

Number of pages: 11

Abstract/Description:

Article 102 of the Treaty on the Functioning of the European Union (hereinafter Art. 102 TFEU) probably represents one of the most ‘obscure’ provisions in the Treaty. Although the wording of this article has not changed in a material way since the Treaty of Rome, the meanings of ‘dominance’ and ‘abuse’ have evolved during the past decades via the case law of the Court of Justice of the EU (CJEU) as well as the Decisions and soft law adopted by the EU Commission. The concept of ‘dominance’ has not changed since the Court codified a definition in Hofmann La Roche. On the other hand, the EU Commission has recognized that some of its early decisions probably led to market definitions that were too narrow and poorly reasoned, so that in 1997 it issued a Notice on market definition to correct some of these errors. For instance, it is unlikely that the Commission would again define a market for bananas based on the evidence presented in United Brands. Instead, the Commission is more likely to use better empirical data to determine what products are substitutes. Its case law on mergers shows how much more robust the process of market definition has become. The concept of ‘abuse’ instead has been more controversial at the origin and subject to constant evolution.