概括
欧盟竞争法对滥用主导地位的定义仍然不清楚. 本分析通过检查欧盟法院的裁决来澄清排斥性滥用元素,纠正未来预测的法律误解.
科学领域:
- 欧盟竞争法 欧盟竞争法
- 反托拉斯法 反托拉斯法
- 经济法规 经济法规
背景情况:
- 根据"欧盟运作条约"第102条的"滥用"的定义受到质疑.
- 这种模糊性阻碍了对实质性市场力量的有效监管,特别是对大科技公司的有效监管.
研究的目的:
- 分析和综合欧盟法院关于欧盟条约第102条的判例.
- 在欧盟竞争法中确定排斥性"滥用"的构成要素.
- 解决和纠正有关滥用主导地位的普遍法律误解.
主要方法:
- 分析欧洲联盟法院 (CJEU) 裁决.
- 法律先例的综合及其演变.
- 批判性检查法律测试和区分.
主要成果:
- 澄清"通过对象"和"通过效果"违法行为之间的二分法.
- 关于定价和非定价行为的假设不同的法律测试的解决.
- 恢复"最有效的竞争对手测试"和"标准"之间的区别.
结论:
- 提供了更清晰的理解,根据欧盟条约第102条的排斥性滥用.
- 提供了关于欧盟竞争法的未来发展与主导地位的具体预测.
- 解决了影响反断执法的关键法律误解.
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