Понятието „пазарна сила“ в концепцията за господстващото положение в чл. 102 ДФЕС и чл. 20 ЗЗК
The Term 'Market Power' in the Concept of Dominant Position in Art. 102 TFEU

Summary/Abstract: One of the aims of competition law is to set out rules for ensuring that the undertakings holding a dominant position on the market would not take adverse advantage of such a position to the detriment of customers, suppliers or competitors. Therefore, the concept of dominance appears as one of the central concepts of competition law. This paper discusses the definition of dominance and concludes that an undertaking should be found to be dominant only if it has market power which is considerable greater than that of other firms on the market and which can be used to harm competition. There are four concepts of market power which are canvassed. It is submitted that the current approach in EU competition law is to define dominance as commercial power or substantial market power. The concept of dominance as substantial market power is adopted in the Commission Guidance Paper on enforcement priorities in respect of exclusionary abuses. The Commission’s treatment of Article 102 RFEU does not sit altogether comfortably with the case law of the EU Courts which see dominance as commercial power. This article compares the current concepts of dominance in the EU and Bulgarian competition law and practice. The aim is to clarify whether the concept of dominance in Bulgarian competition law and practice is consistent with the current EU interpretation of Article 102 TFEU.

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