The Concept of Dominance Cover Image

Понятието за господстващо положение
The Concept of Dominance

Author(s): Emilia P. Dimitrova
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International relations/trade
Published by: Нов български университет
Keywords: Dominant position; Commercial power; Substantial market power; More economics-based approach; Consumer welfare; Efficient allocation of resources

Summary/Abstract: One of the aims of competition law is to set out rules for ensuring that the undertakings holding a dominant position in the market would not take adverse advantage of such a position to the detriment of customers, suppliers or competitors. Therefore, the concept of dominance appears as one of the central concepts of competition law. The assessment of dominance is linked to the question of what the objectives of competition policy are. This article analyses how the concept of dominance in the EU competition law has been developed in accordance with the changes of objectives of competition policy. During the classical period in the EU competition law development, which lasted from its inception in 1958 until 2004, the objective of competition policy was defined as the protection of competition and was understood as meaning economic freedom of other market players, inspired by the ordoliberal school of thought. Throughout this period dominance was equated with commercial power. TheEuropean competition policy was reformed and since 2004 has been following what is called “a more economics-based approach" in the implementation of Article 102 TFEU on abuses of dominance. This approach, which draws on U. S. antitrust policy,puts greater emphasis on consumer welfare and efficient allocation of resources than on competitive structure of the market. The current concept equates dominance with substantial market power. This paper compares the current concepts of dominance in the EU and Bulgarian competition law and practice. The aim is to clarify whether the concept of dominance in the Bulgarian competition law and practice is consistent with the current EUinterpretation of Article 102 TFEU

  • Issue Year: 3/2014
  • Issue No: 4
  • Page Range: 140-173
  • Page Count: 34
  • Language: Bulgarian