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Report . 2023
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SSRN Electronic Journal
Article . 2023 . Peer-reviewed
Data sources: Crossref
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Exploitative Abuses: The Scope and the Limits of Article 102 TFEU

The Scope and the Limits of Article 102 TFEU
Authors: MONTI, Giorgio; DE STREEL, Alexandre;

Exploitative Abuses: The Scope and the Limits of Article 102 TFEU

Abstract

This paper establishes the scope and principles for the application of Article 102 TFEU to exploitative abuse, in light of the increased interest in applying this provision against dominant digital platforms. After establishing the policy challenges to using competition law to address unfair conduct by dominant undertakings, we show the importance of establishing precise scope and limiting principles. By a comprehensive study of Commission decisions and judgments of the European Court of Justice that pertain to exploitative abuse we derive limiting principles for each type of abuse and then generalise these into some overarching principles for all exploitative abuse cases. We test these limiting principles against decisions of the German and French competition authorities in cases considering the terms of trade between platforms and press publishers. Finally, we examine the design of remedies and reflect on the imposition of procedural remedies to address exploitative abuses and the opportunities and risks this generates.

Countries
Belgium, Italy, Belgium
Keywords

Unfair trading conditions, Digital platforms, Exploitative abuses, Article 102 TFEU, Antitrust remedies

  • BIP!
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    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    2
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
Green