Aspectos da Posição Dominante Correlatas ao Abuso de Atos Anticoncorrenciais no Mercado Europeu

Abstract

The study of the present investigation consists on an initial approach to the general aspects of the concept of dominant position on the European Competition Law, 5 whose assumptions are gathered on the analysis of several criteria referred to in Article 102 of the Treaty on the Functioning of the European Union (TFEU). Such article declares that “any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.” However, it is not given, nor in this article nor in any other from the above Treaty, a definition of dominant position, which in fact constitutes a problem. Thus, one will approach the concept of abuse of this dominant position, which dissuades itself on the abusive practices that compromise the Member States structural balance, and which at the end affect the consumers as potential direct victims of the exercise of market power. Nonetheless, one can point out, from the point of view of the Treaty, that the notion of abuse is itself contrary to any idea of contribution to the economic progress, and that the body of the article does not prohibit the existence of dominant positions, but only its abusive exploitation, as one will verify.