The Difference Between Protection of the Process of Competition and Protection of Competitors
There is a list of potentially abusive conducts. First are exclusionary abuses (predatory pricing, margin squeeze, exclusivity agreements, refusals to deal/refusals to license IPRs, tying/bundling), exploitative abuses (unfair/excessive pricing) and discriminatory abuses (price discrimination), but the list is not exhaustive. All mentioned actions are prohibited and protects abuse of dominant position. The above mentioned are the most common ones, so list is open.
Prohibition of abuse of dominant is described in Article 102 of TFEU. Prohibition of abuse of dominant (prohibition of competitors) we understand as unreasonably high charges (unfair or excessive pricing), unrealistic low prices, discriminate between customers, force certain training conditions, discrimination and other aspects.
The prohibition of abuse of dominant position is the valid aim of comparative policy, because it also prohibits not only competitors, but consumers. Competitors, from getting cheated on and eliminated from market because of illegals conducts; and consumers, because competitors become dominant not only because their products are better, but also, because their product are more marketable. People buy those particular products not because they are made from dominant competitors (except in some case, where not quality is main factor, but the trend on lifestyle is).
- History of the Community Formation and the Modem Union Development. Integration Ideas. Main Treaties
- The Difference Between Protection of the Process of Competition and Protection of Competitors
- The Risks ahead for the World Economy
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