Margin Squeezing as a Manifestation of Abuse of Dominant Position

Abstract

Margin squeezing is an abuse of dominant position, which is not directly mentioned in Article 102 of the Treaty on the Functioning of the European Union (TFEU). It is the case law of the Court of Justice of the European Union (CJEU) and the Euro­pean General Court that have recognised this practice as anti­competitive, initially treating it as anti­competitive refusal to supply. Given the many similarities between these practices, there are questions as to whether margin squeeze should be consi­dered an separate manifestation of an abuse of dominant position. The aim of the article is to analyse the position of the European Commission in this regard and juxtapose it with the views contained in relevant judicial decisions, judgements, and rulings, as well as to compare it with the regulations adopted in the United States.