Die Grundlage und Reichweite der besonderen Verantwortung marktbeherrschender Unternehmen für Wettbewerb

The ECJ imposes a responsibility for competition on dominant undertakings. This reasoning allows legal control of a phenomenon in the market that would otherwise be difficult to capture, namely the transfer of market power. Such transfer of market power can occur through refusal to deal, tying, or predatory pricing. Scientific works dealing with this issue and asking whether and under which conditions the transfer of market power to a non-dominated market falls under Article 102 TFEU are rare. The author has taken this as an impulse to examine the basis and scope of this responsibility.