Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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Criteria applied in delimiting practice of dominant position abuse

Ovidiu-Horia Maican

Some undertakings enjoy such a strong position in a particular market and their actions may result in the elimination of competition.
This is why art. 82 (formerly 86) EC seeks to deal with such strong undertakings by prohibiting activities which could be regarded as an abuse of the undertaking’s dominant position in a particular market.
In order to see if we are speaking about dominant position, we must see the presence of all criteria (the relationship between the abuse and the dominant position, relevant geographic market, relevant product market). After the Treaty of Lisbon, the art. 82 EC is art. 102 TFEU. Even in such a situation, it
didn’t change too much in substance, like other provisions of the Treaty of Lisbon