THE NOTION OF RELEVANT, „SIGNIFICANT MARKET” IN THE SENSE OF EU LAW AND THE JURISPRUDENCE OF THE COURT IN LUXEMBOURG
THE NOTION OF RELEVANT, „SIGNIFICANT MARKET” IN THE SENSE OF EU LAW AND THE JURISPRUDENCE OF THE COURT IN LUXEMBOURG

Summary/Abstract: Article 102 TFEU prohibits the abusive use of a dominant position in which an enterprise might find itself, at one time. It should be noted that the Treaty does not prohibit the dominant position in which a company might find itself, but it disapproves with its misuse. To fall under the incidence of the article, the enterprise must find itself in a dominant position „on the internal market or on a substantial part of it” and abuse of that position. What is important in the correct application of art.102 TFEU is to identify the „significant” and relevant character of the internal market. For this reason, we bring to the forefront of attention the meaning given by the Court of Justice in Luxembourg to the notion of „significant market”, but also the meaning that the European Commission gives to the same notion. Thus, the analysis helps identifying those features that are necessary for the correct application of provisions of Article 102 TFEU in all Member States of the European Union.

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