Unfair Competition among Businesses in the Marketplace -Abuse of a Dominant Position-
Unfair Competition among Businesses in the Marketplace -Abuse of a Dominant Position-
Author(s): Fernanda Florentino Fernandez Jankov, Andrea RadulovićSubject(s): International Law, EU-Accession / EU-DEvelopment, Financial Markets, ICT Information and Communications Technologies
Published by: Institut za uporedno pravo
Keywords: Competition Law; European Commission; Dominant position; Intellectual property; breach of the Article 82 EC; Anti-Microsoft Case;
Summary/Abstract: The paper is based a case study, presenting the legal and direct approach by the European Commission of addressing the non-competitive behaviour in the marketplace within the rules and procedures of European Competition Law. In this specific Anti-Trust Microsoft case, arguing Microsoft’s monopolistic direction and abuse in the market, leads to different opinions and evaluations by both, business and legal bodies, in defining the right application of the antitrust rules, specifically the breach of the Article 82 of the EC Treaty and their boundaries regarding giant companies, in relation to the abuse of a dominant position in the marketplace. This paper has been divided in II parts, to be continued in part II in the form of the practical case study.
Journal: Strani pravni život
- Issue Year: 2008
- Issue No: 3
- Page Range: 139-162
- Page Count: 24
- Language: English
