Review article
A substantial part of the common market as one of the conditions in art. 82 of the EC treaty
Ana Pošćić
Abstract
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”.
Keywords
european law; market competition; art. 82 tec; common market
Hrčak ID:
45713
URI
Publication date:
23.12.2009.
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