THE ABUSE OF A DOMINANT POSITION. CASE STUDY - ASTRA ZENECA
THE ABUSE OF A DOMINANT POSITION. CASE STUDY - ASTRA ZENECA

Summary/Abstract: The regulations contained in art. 101 and 102 TFEU apply to the commercial behavior of enterprises whose size or activity is sufficient to be affected by these rules. They apply not only to the countries in the European Union, due to the equivalent provisions appearing in the Treaty (Porto) on the European Economic Area (EEA) they apply to the EFTA member states (without Switzerland). This space represents a territory with over 300 million people, thus being the largest European markt. Because art. 101, 102 TFEU are included in the section ”Rules applicable to enterprises”, we understand that apply to enterprises, as economic agents. The notion of enterprise is not defined by Treaty, the definition being the responsibility of doctrine and jurisprudence; the doctrine appreciated that from an economic point of view, the enterprise is a set of human and material means concordant under an economic direction for the achievement of an economic objective. The Court of First Instance qualified as an enterprise „all economic entities made up of a set of material and human elements” and the Commission considered that ”all entities carrying out a commercial activity can be considered an enterprise”.

• Details
• Contents