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,...

CJEU: Article 102 TFEU—SABAM festival tariffs based on turnover or artistic budgets not abusive per se; national courts must assess excessiveness and practicality of more precise repertoire-identification

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub captures the position as at the judgment date of 25 November 2020; it is no longer maintained. See further: timeline, and related/relevant cases.

Case facts

Outline

Case C-372/19 SABAM—arising from a national reference in Belgium—sought clarification on whether, amongst other matters, Article 102 TFEU, considered alone or read with Article 16 of Directive 2014/26/EU, should be understood as establishing an Abuse of a dominant position where a copyright management organisation, holding a De facto Monopoly, applies a remuneration model to organisers of musical events for the right to communicate musical works to the public, calculated, among other factors, by reference to turnover.

Latest developments

On 25 November 2020, the Court of Justice delivered its judgment, finding that the mere existence of SABAM’s tariff structure does not, in itself, indicate unfair pricing, nor does it, on its own, allow such an abuse to be established...

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Web page updated on 21/05/2026

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