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 Competition Appeals—Closed Cases Tracker (2013–2024)

Published by a LexisNexis Competition expert

Practice notes

The tables below set out finalised competition Court of Justice appeal matters under Article 102 TFEU. For ongoing Court of Justice appeals, see Court of Justice appeals—ongoing cases tracker. For concluded General Court appeals connected to Article 102 TFEU, see General Court Article 102 TFEU appeals—closed cases tracker.

2024

Case C- 240/22 P Commission v Intel Corporation

Appeal against the General Court’s ruling in Case T- 286/09 RENV, which partly allowed an appeal against an earlier General Court judgment upholding the Commission’s Intel—AT.37990 decision. See Application

Judgment delivered—23/10/2024; appeal dismissed
Opinion delivered—18/01/2024; AG Medina advised that the Court of Justice dismiss the appeal
Lodged—05/04/2022

Case C- 255/22 P Orlen v Commission

Appeal against the General Court’s judgment in Case T- 616/18 Polskie Górnictwo Naftowe i Gazownictwo v Commission, which rejected an appeal challenging the Commission’s acceptance of binding commitments from Gazprom under Article 9 of Regulation 1/2003 in Gazprom (AT.39816). See Application

Judgment delivered—29/09/2024; appeal dismissed
Opinion delivered; AG Rantos proposed that the Court of Justice dismiss the appeal
Hearing—21/02/2024
Lodged—08/04/2022

Case C- 48/22 P Google and Alphabet v Commission

Appeal against the General Court’s...

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