A substantial part of the common market as one of the conditions in art. 82 of the EC treaty
Article 82 of the Treaty establishing the European Community prohibits abuse of a dominant position of one or more undertakings within the common market. Specific conditions have to be met before the prohibition applies. One of them presumes that an undertaking has to take dominant position within t...
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Format: | Article |
Language: | English |
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Pravni fakultet Sveučilišta u Splitu
2009-01-01
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Series: | Zbornik Radova Pravnog Fakulteta u Splitu |
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Online Access: | http://hrcak.srce.hr/file/70677 |
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author | Ana Pošćić |
author_facet | Ana Pošćić |
author_sort | Ana Pošćić |
collection | DOAJ |
description | Article 82 of the Treaty establishing the European Community prohibits abuse of a dominant position of one or more undertakings within the common market. Specific conditions have to be met before the prohibition applies. One of them presumes that an undertaking has to take dominant position within the common market or in a substantial part of it. The problem is that neither the European Court nor the Commission have precisely defined what size of the market has to be taken into consideration. Therefore, the work is dealing and analysing the most important judgements rendered by the European Court and decision taken by the Commission trying to find common parameters in their considerations. This leads to conclusion that when appraising the only relevant criterion is the “economic importance of specific area”. |
first_indexed | 2024-03-09T09:10:15Z |
format | Article |
id | doaj.art-b24a5d376c89456b93752176ba4ecc2a |
institution | Directory Open Access Journal |
issn | 0584-9063 1847-0459 |
language | English |
last_indexed | 2024-03-09T09:10:15Z |
publishDate | 2009-01-01 |
publisher | Pravni fakultet Sveučilišta u Splitu |
record_format | Article |
series | Zbornik Radova Pravnog Fakulteta u Splitu |
spelling | doaj.art-b24a5d376c89456b93752176ba4ecc2a2023-12-02T08:54:10ZengPravni fakultet Sveučilišta u SplituZbornik Radova Pravnog Fakulteta u Splitu0584-90631847-04592009-01-01464781793A substantial part of the common market as one of the conditions in art. 82 of the EC treatyAna PošćićArticle 82 of the Treaty establishing the European Community prohibits abuse of a dominant position of one or more undertakings within the common market. Specific conditions have to be met before the prohibition applies. One of them presumes that an undertaking has to take dominant position within the common market or in a substantial part of it. The problem is that neither the European Court nor the Commission have precisely defined what size of the market has to be taken into consideration. Therefore, the work is dealing and analysing the most important judgements rendered by the European Court and decision taken by the Commission trying to find common parameters in their considerations. This leads to conclusion that when appraising the only relevant criterion is the “economic importance of specific area”.http://hrcak.srce.hr/file/70677european lawmarket competitionart. 82 teccommon market |
spellingShingle | Ana Pošćić A substantial part of the common market as one of the conditions in art. 82 of the EC treaty Zbornik Radova Pravnog Fakulteta u Splitu european law market competition art. 82 tec common market |
title | A substantial part of the common market as one of the conditions in art. 82 of the EC treaty |
title_full | A substantial part of the common market as one of the conditions in art. 82 of the EC treaty |
title_fullStr | A substantial part of the common market as one of the conditions in art. 82 of the EC treaty |
title_full_unstemmed | A substantial part of the common market as one of the conditions in art. 82 of the EC treaty |
title_short | A substantial part of the common market as one of the conditions in art. 82 of the EC treaty |
title_sort | substantial part of the common market as one of the conditions in art 82 of the ec treaty |
topic | european law market competition art. 82 tec common market |
url | http://hrcak.srce.hr/file/70677 |
work_keys_str_mv | AT anaposcic asubstantialpartofthecommonmarketasoneoftheconditionsinart82oftheectreaty AT anaposcic substantialpartofthecommonmarketasoneoftheconditionsinart82oftheectreaty |