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 in Liberalised Markets: consumer welfare, competition on the merits, effects-based abuse, lawful conduct becoming abusive, and parent-subsidiary liability (Servizio Elettrico Nazionale, C-377/20)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This hub records the position as at the judgment of 12 May 2022 and is no longer maintained. See the timeline for further detail.

Case facts

Outline

Case C‑377/20 Servizio Elettrico Nazionale and Others - an Italian reference seeking clarification on several issues concerning the interpretation and application of Article 102 TFEU.

Latest developments

On 9 December 2021, the Court of Justice delivered its judgment, stating, among other matters, that when an undertaking loses a legal monopoly it must, for the duration of market liberalisation, refrain from relying on tools derived from that former monopoly-advantages competitors do not possess-to maintain, other than on its own merits, a dominant position on the newly liberalised market. The unbundled subsidiaries of the former monopolist carry a special responsibility to avoid conduct on the market that remains protected which could damage an effectively competitive structure on the liberalised market and, in particular, not to project onto that market the dominance held on the protected market except through competition on the merits.

Parties

Applicants:

Servizio Elettrico

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Web page updated on 28/05/2026

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