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- Title
Foarfeca tarifarq, o practicq al cqrei character anticoncurential se verificq prin raportare la conceptul de concurentq bazatq pe merite.
- Authors
MATEI, Emanuela
- Abstract
In this crisp analysis of the TeliaSonera case, which has recently been adjudicated by the Swedish Court of Appeal, the economic and legal logic supporting the finding of a serious form of abuse of dominance has been exposed. The foundation of the case law dealing with unilateral practices is Michelin, Case 322/81 establishing that Article 102 TFEU refers not only to practices that may cause damage to consumers directly, but also to those which are detrimental indirectly through their impact on competition. A dominant undertaking has a special responsibility not to allow its conduct to impair genuine undistorted competition on the internal market. This special responsibility explains the fact that certain commercial practices being lawful in general, may incur infringements of competition law and subsequently sanctions if the company adopting them holds a dominant position, even during a relatively short period of time.
- Subjects
MARGINS (Security trading); ECONOMIC competition; TELIASONERA AB; APPELLATE procedure; APPELLATE courts; INTERNAL marketing
- Publication
Revista Română de Drept al Afacerilor, 2013, Issue 6, p46
- ISSN
1583-493X
- Publication type
Article