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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Main Author: Ana Pošćić
Format: Article
Language:English
Published: Pravni fakultet Sveučilišta u Splitu 2009-01-01
Series:Zbornik Radova Pravnog Fakulteta u Splitu
Subjects:
Online Access:http://hrcak.srce.hr/file/70677
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author Ana Pošćić
author_facet Ana Pošćić
author_sort Ana Pošćić
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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”.
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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
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