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ARTICLE · 13 SEPTEMBER 2001

EC Competition Law: Article 82 and Abuse of Dominant Position

CyprusTax
Alexandros Economou
Alexandros Economou

‘Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market in so far as it may affect trade between Member States.’

Thus the first paragraph of Art. 82 (formerly Art. 86) sets out the prohibition of any abuse of a dominant position within the common market if it may affect trade between Member States. The second paragraph (recited below) contains a list of examples of abusive practices.

The wording of Art. 82 makes it clear that it is not market dominance as such that is prohibited, but its abuse. Further, the dominant position may be that of a single company or a collective dominant position, held by several companies.

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