Η καταχρηστική εκμετάλλευση δεσπόζουσας θέσης στο ενωσιακό και στο ελληνικό δίκαιο: προοπτικές για το μέλλον στις επιχειρήσεις και στους καταναλωτές

Abstract

My thesis consists of two parts. In part Α mainly analyzes the Article 102 TFEU, theabuse of an individual dominant position, the collective dominant position, and Article101par.1 TFEU, especially, cartels as "collective monopolies”. In part Α my thesis examines Article 102TFEU (82 of the Treaty) based on the "moreeconomic approach” through the " Guidance on the Commission's enforcement priorities inapplying Article 82 of the EC Treaty to abusive exclusionary conduct by dominantundertakings“ 2009 / C 45/7 par.30 "The Commission considers that a dominant undertakingmay also justify conduct leading to foreclosure of competitors on the ground of efficienciesthat are sufficient to guarantee that no net harm to consumers is likely to arise.In thiscontext, the dominant undertaking will generally be expected to demonstrate, with asufficient degree of probability, and on the basis of verifiable evidence, that the followingcumulative conditions are fulfilled:- the efficiencies have been, or are likely to be, realised asa result of the conduct*…+- the conduct is indispensable to the realisation of thoseefficiencies*…+- the likely efficiencies brought about by the conduct outweigh any likelynegative effects on competition and consumer welfare in the affected markets*…+- theconduct does not eliminate effective competition, by removing all or most existing sourcesof actual or potential competition*…+”.Communication from the Commission, par.30, and the decision of the EU Court (GrandChamber) in Post Danmark C-209/2010 (the Court ,Grand Chamber, hereby rules, andsk.22,40-42) further adopt the economic analysis of law through the positive attitude of theECJ in the above Communication from the Commission. My thesis also focuses on the fact that the undertaking concerned has a specialresponsibility not to allow its conduct to impair genuine undistorted competition on thecommon market. Σhe Commission will normally intervene under Article 82, where theallegedly abusive conduct is likely to lead to anti-competitive foreclosure(case law). The European law began protecting the market structure, as the decisions of the EUCourt ( Microsoft, British Airways, Glaxo SmithKline, Mobile Netherlands) and with theEuropean Commission's decisions accepts and the "criterion of consumer welfare." In part B the thesis analyzes the Trade Mark( l.2239/1994,4072/2012) the Trade marklicense agreement for entrance new undertakings into the market, and the franchising.Furthermore, it examines" the essential facilities" and the relationship between theintellectual property rights and dominant position.