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Flashcards in Article 102 Deck (29)
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1
Q

what are the undertakings

A

can be public, may even have statutroy rule making power

severla undertakings may be regarded as having collective dominance if there is sufficient connection between them

2
Q

what happened in the case of re italian flat glass

A

3 businesses worht 79% and 95% of the italian market in flt glass had a collective dominnt postition because they presented themselves as a single entity

3
Q

when deciding whether an undertaking is dominant what do we need to take into account

A

what is the market in question, can purchasers able to buy substitutes or can the supplier supply or produce acceptable substitutes

4
Q

what happened in the case of continental can

A

company wanted to take over another company, transfer its interest. commission issued a decision that the taking over of anotehr company was a breach of article 102 because merged companies would be dominant in light metal containers for meat, for fish and metal closures for glass containers. essentially the dominance would be increased by the takeover
ECJ disagreed, the commission shouldve consider posible substitution by the suppliers ie plasti containers and plastic lids.

5
Q

what can be contrasted with continental can

A

united brands

6
Q

what happened in the case of united brands

A

had a market share of 40 to 45 percent of teh banana market. controlled the entire distribution system. engaged in various abusive practices. BUT if the market was bananas they could be dominant with a 40 prcent share depending on the size of the nearest competitor. if the market was fruit, they would not be dominant with a less than 5 percent market share - ecj held that the market was banans not fresh fruit, the present of other fruit did not affect the price or consumption of bananas due to their unique attribtues

7
Q

what happened in the case of nederlands B-I

A

it was found that replacement tires for commercial vehicles was a different market from replacement tires for private cars due to the purchasing practice - commercial purchases would be bulk purchased whilst private purchaser will only by a replacement tire.

8
Q

What happened in the case of British leylan v commission

A

BL had the responsiblity for tyre approval certificates. it was a government measure designed to approve car safety. manufacturers could not sell their cars n the UK without a TAC. Bl tended to give a small number of TAC’s. the sole responsibility for randing these certificates placed them in a dominant position in the UK

9
Q

what hapened in the case of tetrapak

A

aseptic packagin was a sepeerate market from milk packaging in general

10
Q

What is the definition of undertaking dominance within a market

A

a postition of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained on the relevan market by giving it the power to behaves o an applicable extent independently of its competitors, customers and ultimately its consumers. - united brands

11
Q

what are the factos that can prove dominance within a market

A

market share, period of dominance, financial and technical resources, acces to raw materials and sale outlets, behaviour, barrier of entry by others, dependence.

12
Q

What are the cases that can be used to prove dominance on the factor of market share

A

United brands - had 40 to 45 but nearest competitor was only 15 therefore it was dominant
Hoffmann laroche - had 43% but was not dominant because the next competitor was only 40%

13
Q

What is the case that can be used to prove the factor access to raw materials and sale outlets on the basis of proving dominance

A

United brands - they controlled the whole distribution system

14
Q

How far can the geographical market go

A

depends on the market conditions, can be whole of EU, only a few countries or a single country or a part of a country

15
Q

what happened in the case of RTE & ITP v commission

A

they were major broadcasters. they used the copyright law to maintin a monopoly over weekly TV guides. ECJ said, in rare circumstances use of copyright or other IP rights could be an abuse of a dominant position. ecj came up with a essential facilities doctrine, IP could not be used to prevent an essential facility being developed.

16
Q

what happened in the case of B& I sealink

A

Single port in this case, may be regarded as a substantial part of the common market if reasonable access to it is essential to exploit a key transport route. sealink has the port authority altered in vary schedules to its own advantage limiting access by B and I’s ships.

17
Q

what is provided to prove undertaking abused

A

article 102(2)

18
Q

what did continental can establish behaviour wise

A

it established that behaviour which is anti-competitive can be an abuse even if consumers are not harmed

19
Q

how is abuse divided

A

exploitative - harming consumers

anti-competitive - harming competitors

20
Q

What are exploitative abuses

A

imposing unfair conditions that effect consumers
e.g unfair prices not related to economic values of goods, unfair trading conditions, discriminatory treatment, refusal to supply

21
Q

what happened in the case of general motors v commission

A

GM charged excessive rates for an exclusive inspection service for second hand cars in belgium - held to be an abe to similar effect.

22
Q

why did united brands show unfair trading conditions

A

UB refused to let importers resell green bananas. this undully favoured big wholesalleers who had large warehouses to ripe bananas.

23
Q

what happened in british leylan and why did it show discriminatory treatment

A

charged different prices for TAC’s for uk manufactureres, this was without objective justification - held, an abuse

24
Q

what hapened in the case of rte and itp v commission

A

concerned the refusal. was a monopoly based in the copyright in the listing - held this was an abuse (a refusal to supply) this was beyond the essential function of copyright as outsiders were being denied the chance to produce a new product.

25
Q

what are some factors that proves anti-competitiveness in which harms the consumers

A

tying in, temporary price reduction also predatory prices, refusal to supplu, exclusive reservation of activites, prevention of imports or exports

26
Q

what happened in the case of hoffman la roche

A

LR was largest pharmaceutical company in the world. customers agreed to buy all the supplies from them in return for discounts.if they found other suppliers that are selling more cheaply,they an ask LR to reduce prices - failing which they could buy elsewhere - held that this was an abuse of the anti-competitive type.

27
Q

what happened in the case of AKZO v commission

A

main rpoducer of benzoyle peroxide, the other company was a small competitor. Akzo threatened and then implemented price cuts aimed at the cusomters of the other company. held by the ecj - this from of pricing constituted an abuse if the prices were lower than the variable costs of the product were.

28
Q

what case prooved the possibility of objective justification

A

hilit AG v commission

29
Q

what happened in Hiliti AG v commission

A

H produced nial guns for diy. they wer in a dominant position in the market - h required users of its patented nail cartridges for use in its guns to buy nails from them too. h tried to argue that it was a public safety reason held however that the safety standard and protecting users against potential injury were not sufficient justification to excuse what would otherwise b a breach of article 102