ZANIŻANIE MARŻY HANDLOWEJ JAKO PRZEJAW NADUŻYCIA POZYCJI DOMINUJĄCEJ
MARGIN SQUEEZE AS AN ABUSE OF A DOMINANT POSITION

Summary/Abstract: Margin squeeze constitutes an abuse of a dominant position, which is not directly mentioned in Article 102 of the Treaty on the Functioning of the European Union (TFEU). It is the case law of the Court of Justice of the European Union (CJEU) and the EU General Court that have recognized this practice as anticompetitive, initially treating it as an anticompetitive refusal to supply. Due to the many simi- larities between these practices, there are doubts as to whether margin squeeze should be considered an independent manifestation of an abuse of a dominant position. The aim of the article is to analyze the position of the European Commis- sion in this regard, in comparison with the views expressed in the case law, as well as to compare the regulations adopted in the United States.

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