| Author (Person) | van der Vijver, Tjarda |
|---|---|
| Publisher | Taylor & Francis |
| Series Title | European Competition Journal |
| Series Details | Volume 9, Number 2, Pages 465-495 |
| Publication Date | May 2013 |
| ISSN | 1744-1056 |
| Content Type | Journal Article |
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Introduction: " Article 102 of the Treaty on the Functioning of the European Union (TFEU) and its domestic counterparts prohibit the abuse of a dominant position at the EU and Member State level, respectively. The EU and domestic prohibitions both seek to ban anticompetitive unilateral conduct. It is thus no surprise that National Competition Authorities (NCAs) and domestic courts in EU Member States use the interpretation of Article 102 TFEU as a key focal point in the application of its national equivalent."
"In an effort to illuminate the concept of objective justification and its application at the Member State level, this article discusses competition law and practice in France, Germany, Ireland, Luxembourg, the Netherlands, Spain and the UK. The analysis explores legislation and case law, as well as guidance and decisional practice by NCAs. By discussing and comparing the available types of justification and the applicable legal reasoning, this article seeks to contribute to a better understanding of objective justification. A more thorough comprehension of the concept may provide valuable input for a debate that can hopefully improve the quality and consistency of competition practice on objective justification."
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| Source Link | https://doi.org/10.5235/17441056.9.2.465 |
| Subject Categories | Internal Markets |
| Subject Tags | Competition Law | Policy |
| Keywords | Antitrust | Cartels | Dominant Position | Market Abuse |
