Jurisdiction(s):
United Kingdom

Key definition

Article 102 definition

What does Article 102 mean? In practice, “Article 102” refers to the EU competition law rule that bans undertakings with market power from abusing a dominant position in a substantial part of the internal market where the conduct affects trade between Member States. It is set out in Article 102 of the Treaty on the Functioning of the European Union and shaped by extensive Court of Justice case law. Core features include: proof of dominance (the ability to act independently of competitive constraints); no need to show intent; and an abuse that is exploitative (for example, unfair pricing) or exclusionary (for example, predatory pricing,...

Post Danmark II (CJEU, 2015): AEC test not required and no appreciability threshold for dominant undertakings' rebate schemes under Article 102 TFEU

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub sets out the position as at the judgment of 6 October 2015 and is not being maintained. For further details, see: timeline, commentary and related/relevant cases.

Case facts Outline

A reference from Denmark’s Sø- og Handelsret (the national maritime and commercial court) was submitted to the Court of Justice seeking a preliminary ruling under Article 267 TFEU. Among other matters, it asked whether, when assessing the anti-competitive character of rebate schemes under Article 102 TFEU, the law requires a price/cost evaluation comparing the dominant undertaking’s conduct with that of an equally efficient competitor (the ‘as-efficient-competitor’ test), and also whether any exclusionary effect arising from the rebate arrangement must be ‘appreciable’ in order to fall within Article 102 TFEU...

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Web page updated on 21/05/2026

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