Καταχρηστικές πρακτικές σύμφωνα με το άρθρο 102 ΣΛΕΕ : κριτική επισκόπηση της ευρωπαϊκής νομολογίας
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Keywords
Καταχρηστική εκμετάλλευση δεσπόζουσας θέσης ; 102 ΣΛΕΕ ; Καταχρηστικές πρακτικές ; Ευρωπαϊκή νομολογίαAbstract
This thesis deals with the Free Competition Policy and more specifically proceeds to a thorough analysis of the cases included in the prohibition rule founded on Article 102 of the TFEU, namely the abusive practices of exploitation of a dominant position by a firm in the familiar relevant market. First of all, for the smooth accession into the discourse of the issue, reference is made to the Free Competition Policy and to how it is structured and specifically to the Antitrust Policy, namely to the need for ex post control of the structure of the relevant market in question, emphasizing on the development of the prohibition of abuse of the dominant position as defined in Article 102 of the TFEU. In particular, an analysis is made on what constitutes the possession of a dominant position by a firm, the forms in which it appears, as well as to the special responsibility that the possession of a dominant position by the respective leading firm entails, but also as to the conditions under which, its abuse occurs. Subsequently, the author proceeds to a presentation of the abuses of both non-tariff and tariff nature, seen through the presentation of a multitude of cases identified in the European case law. More specifically, the following manifestations of abusive practices of the dominant position are presented: refusal to supply - imposition of entry barriers, tied and bundling sales, practices of imposing exclusivity agreements, structural abuse, discriminatory treatment, predatory pricing, abusive discount policy, discriminatory pricing, price or margin squeeze policy and excessive pricing policy. Finally, is underlined, the essential contribution of the coexistence of law and economics in the reform of Competition Law and its response to the new actual situations that it is called upon to regulate, as this is apparent from the overview of the European case law.