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,...

Rail infrastructure charges—CJEU confirms national courts’ Article 102 jurisdiction but requires prior regulator’s decision (Directive 2001/14)

Published by a LexisNexis Competition expert

Practice notes

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Case C- 721/20 DB Station & Service [Archived]

CASE HUB ARCHIVED - this archived case hub captures the position at the date of the decision of 27 October 2022; it is no longer updated. See further, timeline.

Case facts

Outline

Case C- 721/20 DB Station & Service - a reference from Germany asking whether Directive 2001/14 prevents national courts from assessing charges imposed under Article 102 TFEU independently of oversight by the regulatory authority.

Latest developments

On 27 October 2022, the Court of Justice delivered its judgment, by which it ruled.

Parties

Applicants: DB Station & Service AG (DB). DB, a subsidiary of Deutsche Bahn AG (the incumbent railway operator in Germany), runs railway stations in Germany.
Respondent: ODEG Ostdeutsche Eisenbahn GmbH (ODEG). ODEG is a railway undertaking that relies on DB’s infrastructure for its short-distance passenger rail operations.

Market

Passenger rail services.

Background to reference

Background

The terms governing the use of DB’s railway stations are set in framework agreements that DB concludes with railway undertakings. Each particular instance of use of this infrastructure is then regulated by a separate agreement. The level of charges for access to railway tracks and stations...

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Web page updated on 28/05/2026

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