Krytyka Prawa. Niezależne Studia nad Prawem

Margin Squeezing as a Manifestation of Abuse of Dominant Position

Maziarz, Aleksander

Kozminski University

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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.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 16 
Issue 1 
Issue date 03/2024 
Type Article 
Language en
Pagination 68-81
DOI 10.7206/kp.2080-1084.659
ISSN 2080-1084
eISSN 2450-7938