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Article 102 of the Treaty on the Functioning of the European Union AI simulator
(@Article 102 of the Treaty on the Functioning of the European Union_simulator)
Hub AI
Article 102 of the Treaty on the Functioning of the European Union AI simulator
(@Article 102 of the Treaty on the Functioning of the European Union_simulator)
Article 102 of the Treaty on the Functioning of the European Union
Article 102 of the Treaty on the Functioning of the European Union (TFEU) (formerly Article 82 of the Treaty establishing the European Community) is aimed at preventing businesses in an industry from abusing their positions by colluding to fix prices or taking action to prevent new businesses from gaining a foothold in the industry. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. It is the second key provision, after Article 101, in European Union (EU) competition law.
The text of Article 102 provides the following,
Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States."
Such abuse may, in particular, consist in:
The wording of the provision gives rise to several issues to consider in the application of Article 102; namely, the concept of 'one or more undertaking', 'Relevant market', 'Dominant position' and 'Effect on trade between member states'.
An entity must be an 'undertaking' to be subject to Community competition law and therefore Article 102. The European Court of Justice (ECJ) in Hofner v Elser states that "The concept of an undertaking encompasses every entity engaged in economic activity regardless of the legal status of the entity and the way in which it is financed". The European courts have ruled that Acts of, solidarity (such as the provision of public health care), public interest (such as the improvement of air navigation safety), and the protection of the environment are not economic in nature and therefore fall outside the application of European Community competition rules. Article 102 is not confined to actions of single undertakings as the inclusion of the phrase 'one or more undertaking' leads to the inclusion of collective dominance.
Collective dominance occurs when two or more businesses with some degree of connection influence the structure of a market through their conduct or through concerted strategic decisions.
The necessary degree of connection or relationship between the entities that would be sufficient for a finding of collective dominance would depend on whether a broad or narrow interpretation is adopted. As illustrated through case law, businesses within the same corporate group, such as a business conglomerate, or within a single economic entity, such as a multi-national company with subsidiaries, can be regarded as having an adequate connection to establish the presence of collective dominance. This reflects a narrow interpretation of what would constitute collective dominance for the purpose of Article 102.
Article 102 of the Treaty on the Functioning of the European Union
Article 102 of the Treaty on the Functioning of the European Union (TFEU) (formerly Article 82 of the Treaty establishing the European Community) is aimed at preventing businesses in an industry from abusing their positions by colluding to fix prices or taking action to prevent new businesses from gaining a foothold in the industry. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. It is the second key provision, after Article 101, in European Union (EU) competition law.
The text of Article 102 provides the following,
Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States."
Such abuse may, in particular, consist in:
The wording of the provision gives rise to several issues to consider in the application of Article 102; namely, the concept of 'one or more undertaking', 'Relevant market', 'Dominant position' and 'Effect on trade between member states'.
An entity must be an 'undertaking' to be subject to Community competition law and therefore Article 102. The European Court of Justice (ECJ) in Hofner v Elser states that "The concept of an undertaking encompasses every entity engaged in economic activity regardless of the legal status of the entity and the way in which it is financed". The European courts have ruled that Acts of, solidarity (such as the provision of public health care), public interest (such as the improvement of air navigation safety), and the protection of the environment are not economic in nature and therefore fall outside the application of European Community competition rules. Article 102 is not confined to actions of single undertakings as the inclusion of the phrase 'one or more undertaking' leads to the inclusion of collective dominance.
Collective dominance occurs when two or more businesses with some degree of connection influence the structure of a market through their conduct or through concerted strategic decisions.
The necessary degree of connection or relationship between the entities that would be sufficient for a finding of collective dominance would depend on whether a broad or narrow interpretation is adopted. As illustrated through case law, businesses within the same corporate group, such as a business conglomerate, or within a single economic entity, such as a multi-national company with subsidiaries, can be regarded as having an adequate connection to establish the presence of collective dominance. This reflects a narrow interpretation of what would constitute collective dominance for the purpose of Article 102.