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Causation : the forgotten element in abuse of dominance proceedings?
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Florence : European University Institute, 2023
EUI; LAW; LLM Thesis
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KREBS, Victoria, Causation : the forgotten element in abuse of dominance proceedings?, Florence : European University Institute, 2023, EUI, LAW, LLM Thesis - https://hdl.handle.net/1814/76404
Abstract
Article 102 of the Treaty on the Functioning of the European Union (hereinafter “TFEU”) prohibits “abuse […] of a dominant position”. The wording of the article clearly invites the idea that for the prohibition to apply, the abuse must originate from the undertaking’s dominant position. In other words, a causal link between the dominant position and the abuse must exist. The issue of a causal link between dominance and abuse has, despite the wording of the article, received remarkably little attention by the enforcers of the treaty as well as legal commentary. Against this background, the thesis explores the issue of a causal link between dominance and abuse under Article 102 TFEU and sets forth a study of the relevant case law of the EU Courts dealing with the issue of a causal link. The analysis shows that the EU Courts have largely rejected the relevance of such a link under Article 102 TFEU. The thesis further explores to what extent an introduction of a causal link between abuse and dominance would affect the scope of Article 102 TFEU. This has been done by analysing the main categories of abuse under Article 102 TFEU and assessing whether these could have been decided equally with a requirement of a causal link between dominance and abuse.
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Award date: 21 November 2023
Supervisor: Prof. Nicolas Petit (European University Institute)
Supervisor: Prof. Nicolas Petit (European University Institute)