Jurisdiction(s):
United Kingdom

Article 102 TFEU: Practice Note on dominance assessment, market definition, types of abuse and objective justification; effects-based developments

Published by a LexisNexis Competition expert

Practice notes

Article 102 TFEU

Across the EU, behaviour by single-firm or otherwise dominant businesses is controlled under Article 102 TFEU and applies throughout the Union. That clause bars undertakings that, alone or together, enjoy a dominant position in the internal market, or a material portion of it, from exploiting that power—absent objective justification—where such conduct may influence trade between Member States. Equivalent rules appear in Member States’ national competition regimes and closely mirror Article 102’s approach. Article 102 imposes a special responsibility on dominant undertakings, intended to ensure that powerful companies do not skew markets, deal unfairly with customers, or blunt competitive pressure by shutting out rivals, notably by:

setting, directly or indirectly, unfair purchase or selling prices, or imposing other unjust trading terms,
restricting output, markets, or technological progress to the detriment of consumers,
applying unequal terms to comparable transactions with other trading partners, thereby putting them at a competitive handicap, or
tying contract conclusion to the other party’s acceptance of ancillary obligations which, by their nature or commercial practice, are unconnected to the subject of the contract

EU and Member State courts have reaffirmed this special responsibility time and again, over many years and in numerous cases...

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Web page updated on 22/05/2026

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