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Article 82 of the EC Treaty regulates undertakings, which hold a ‘dominant position’, to preventing them from distorting effec
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'The abuse of refusal to supply is quite wide in its scope but certain elements are fundamental to its application.' Discuss Introduction The competition policy of the European Community (EC) is aimed at achieving 'a system ensuring that competition in the common market is not distorted'.1 While Article 81 (ex 85) prohibits undertakings from making anti-competitive agreements and decisions that affect trade between Member States, Article 82 (ex 86) recognizes that some firms are usually in a position to distort competition by virtue of their being dominant on the market.2 To establish a level playing field for undertakings within the common market, Article 82 provides that: "Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market insofar as it may affect trade between Member States." The list of abuses is non-exhaustive...
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