| 释义 |
Article 102
A provision of the Treaty on the Functioning of the European Union (previously Treaty of Rome), with direct effect throughout the EU (see Community legislation), that prohibits abuses of a dominant position by businesses in the EU. Examples of breaches of Article 102 (formerly 82 and before that 86) include refusing to supply an existing customer (for example, when it has begun to operate in competition with the dominant company), selectively reducing prices to stop competition from competitors (see predatory pricing), unfair or excessive prices, tying clauses, and refusing to license intellectual property rights. Article 102 only prohibits such conduct if the business is dominant, usually if it enjoys a market share of 40% or more in the EU (or a substantial part of it). The rules only apply when the conduct affects trade between member states. Since Brexit, Article 102 applies to UK undertakings only where a practice in the UK has an effect in the EU. There is a very similar prohibition in the Chapter II prohibition of the Competition Act 1998, which holds that abuse of a dominant position will breach UK law if it has effects in the UK. |