Disability abuse
In antitrust law, in addition to abuse of exploitation and structural abuse, abuse of disability is understood to be behavior to exploit a dominant position .
A distinction is made between price-related and non-price-related disability abuse.
The price-related disability abuse is characterized by a competitive price strategy ( dumping ), the non-price-related disability abuse in particular by the so-called business refusal according to the essential facilities doctrine .
The abuse of disabilities is prohibited according to Art. 101, 102 TFEU and § 19 Para. 2 No. 1 GWB .
Individual evidence
- ↑ Florian Bien: European and German Antitrust Law University of Würzburg , as of October 7, 2014, pp. 57, 61 ff.
- ↑ Alexander Schäfer: The essential facilities doctrine in the mirror of the judgment 'Bronner' of the European Court of Justice; with special consideration of the historical development in antitrust law of the United States and the European Union University of Tübingen , 2001
- ↑ Art. 101 TFEU ( Memento of the original of June 17, 2016 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Art. 102 TFEU