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Case Study Of Hoffmann-La Roche Case

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competitors be able to compete in the market or not. Thus, if two market leaders conclude a contract, risk that other competitors will fail to get profit and develop is very high. Article 102. Abuse of dominant position. Unlike article 101, which prohibits any kind of conspiracy bеtwееn undertakings, in other words, cооrdination of their policies, art. 102 is designed to forbid activities of an undertaking, which has a dominant position and which may substantially influence competition. Obtaining a dominant position per se is not illegal if a company gets it through producing goods or services of better quality; better marketing strategy then it is considered to be competition on the merit. However, from an economic perspective, firms that dominate …show more content…

However, this definition should be applied very carefully. After Micheline case where a company established a specific discount system for its retailers to make them buy only from Micheline, The ECJ came up with a concept of special responsibility of a company, which has dominant position on the market. Consequently, such an undertaking should not harm in any ways competition law in internal market. Therefore, in other circumstances such a behavior may have been considered as normal commercial practice but existence of dominant position here may result in

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