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A firm may hold a very high market share, and yet not be dominant, because the market is contestable, or a firm may hold not a very high market share, but still be held to be dominant.
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It should be noted that in practice, the Commission's enforcement action has focussed on exclusionary abuses to the virtual exclusion of exploitative abuses like excessive pricing, or pure discrimination outside the internal market area.
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Whilst the latter makes explicit provision for exemption, through a 2-step process implemented through important exemption regulationsArticle has no such provision for exemptions, and it is implied, not explicit.
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EU LAW Under Article TFEU a dominant position is not prohibited. What is unlawful is the abuse of a dominant position. However the concept of abuse is an objective concept.” Order Description QUESTION ON ARTICLE 2. “Under Article TFEU a dominant position is not prohibited.
What is unlawful is the abuse of [ ]. Aims of Article TFEU.
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Our Marking Service will help you pick out the areas of your work that need improvement. All Writing Services. Fully referenced, delivered on time. Get the extra support you require now. The European Union competition law Introduction In Article(ex Article 82 EC) and (ex Article 86 EC) of the TFEU there was no specific definition of undertakings, this lead to a question relating to the scope of competition law, that is, deciding what particular activities are regulated by the rules on competition.Download