Discusion: I Like Aggressive Competition, I don't Care if It May Hurt Competitors - Essay Example

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“I like aggressive competition – including by dominant companies – and I don’t care if it may hurt competitors – as long as it ultimately benefits consumers. That is because the main and ultimate objective of Article [102] is to protect consumers…
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Download file to see previous pages or directly or existence of other unfair business stipulations; Limiting technical development, markets, production to the discrimination of end users. Positioning the commercial parties at an economic drawback by employing divergent stipulations to comparable transactions. Placing supplementary obligations to the business dealings where there is no connection with the main contract thereby putting the other party to the contract at disadvantage1. The article 102 deals with the anti-trust procedures which will ensure more efficient enforcement of the EUs competition directives to safeguard the interest of the businesses and consumers. Article 102 TFEU forbids the misuse of dominant positions on markets. It figures out various types of probable infringement, which included price discrimination and excessive pricing, bundling, tying and predatory pricing. Article 102, especially, is employed as a mechanism to confront possible misuse of dominance after fortifying of an already dominant status through acquisition of rival business in markets in which competition is not adequately safeguarded by, for instance, supply-side substitution and low barriers to entry2. EU antitrust institution has imposed Article 102 in the guise of both justice and fairness as if the antitrust rules were provisioned against unfair competition and to maintain redistribution and equity, so as to facilitate wealth transfer to the advantage of consumers3. As per European Commission, the main objective of the Article 102 is to protect the consumer welfare. Thus, the main agenda of Article 102 can be said that it intended to safeguard the “competition on the European market” as a mechanism for increasing the consumer welfare and of making a competent sharing of resources. It is to be observed that Article 102 is intended to protect the competition and not the competitors as such. Thus, it is meant to safeguard competitors from genuine competition of dominant companies footed on elements like novel products, higher quality, better performance and opportune innovations4. Of late, European Commission (EC) is very active in reassessing competition matters that may happen under TFEU and especially, in the last 3 years, the EC has examined the following: Once a dominant company’s technology is incorporated in a standard, whether such company by allegedly charging excessive royalties and thereby infringing the Article 102? Where such dominant company by consenting to offer licence of its patents under FRAND condition, especially at the time of adopting the standard, but later supposedly charges non-FRAND terms immediately the standard has been implemented thereby committing an infringement of Article 102? By purportedly failing to implement standards, where a dominant company commits an infringement of Article 102 of TFEU. By purportedly cheering companies to join standard -setting institutions and by approving a specific standard, whether a dominant company commits a violation of Article 102 TFEU5? In ICI V Commission6 and in AstraZeneca v. Commission, it was held that the significance of In ICI ...Download file to see next pagesRead More
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