Примери за използване на Dominant undertaking на Английски и техните преводи на Български
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Conditional rebates can have such effects without necessarily entailing a sacrifice for the dominant undertaking(26).
Coercion exists when a dominant undertaking deprives its customers of the realistic choice of buying the tying product without the tied product.
First degree price discrimination is that which is practised against competitors of the dominant undertaking.
Indeed, in theory,any rebate offered by a dominant undertaking can, in some circumstances, have an anticompetitive effect.
In the present case, the value of the‘secret' concerned lies not in the fact that it involves innovation butin the fact that it belongs to a dominant undertaking.
Хората също превеждат
However, such rebates- when granted by a dominant undertaking- can also have actual or potential foreclosure effects similar to exclusive purchasing obligations.
As the Court has observed, Article 102 TFEU is not designed to ensure that competitors less efficient than the dominant undertaking should remain on the market.
In fact, Article 82 EC does not require a dominant undertaking to remove all barriers to entry, but prohibits the creation of artificial barriers to entry.
The Court found that Article 102 TFEU neither prevents an undertaking from acquiring a dominant position nordoes it seek to ensure that competitors less efficient than the dominant undertaking should remain on the market.
The dominant undertaking thus has a special responsibility not to allow its behaviour to impair genuine undistorted competition on the common market.'.
Economies of scale mean that competitors are less likely to enter orstay in the market if the dominant undertaking forecloses a significant part of the relevant market.
But it cautioned that such a dominant undertaking has a special responsibility not to allow its behaviour impair genuine, undistorted competition on the internal market.
In its judgment in Case C-62/86 AKZO v Commission[1991] ECR I-3359, paragraph 74, the Court of Justice took into consideration only the charges and costs of the dominant undertaking, AKZO, in order to assess whether AKZO's pricing practices were abusive.
Within the scope of application of Article 82 EC, a dominant undertaking is subject to certain restrictions that do not apply to other undertakings in the same form.
One of the possible reasons why a rebate is considered a loyalty rebate is that it is based on the requirement that the customer purchases‘all ormost' of its requirements from the dominant undertaking.
Article 82 EC is intended to prohibit a dominant undertaking from strengthening its position by recourse to means other than those based on competition on the merits.
In fact, the judgment under appeal seems to adopt the starting point that an‘exclusivity rebate',when offered by a dominant undertaking, can under no circumstances have beneficial effects on competition.
Most recently in Post Danmark II, the Court applied the case-law relating to pricing andmargin squeeze practices to support its findings in relation to a rebate scheme offered by a dominant undertaking.
It must be made clear that the fact that the competitors of the dominant undertaking retain a marginal presence in certain niches on the market cannot suffice to substantiate the existence of such competition.
(28) From this special responsibility it follows that mechanisms which in one way oranother tie customers to source supplies from the dominant undertaking are regarded as loyalty-inducing and, thus, presumptively abusive.
It follows that Article 82 EC prohibits a dominant undertaking from eliminating a competitor and from strengthening its position by recourse to means other than those based on competition on the merits.
(Competition- Article 82 EC- Charges for access to the fixed-line telecommunications network in Germany- Margin squeeze- Charges approved by the national regulatory authority for telecommunications- Leeway of the dominant undertaking).
In accordance with that methodology,the assumption that‘exclusivity rebates' offered by a dominant undertaking result always, and without exception, in anticompetitive foreclosure permeates the entire judgment under appeal.
More generally, it covers every pricing practice which is designed to foreclose from the market or weaken the competitive position of operatorspresent on the same market and at the same level(vertically speaking) as the dominant undertaking.
(198) It follows that Article 102 TFEU prohibits a dominant undertaking from eliminating a competitor and from strengthening its position by using methods other than those which come within the scope of competition on the merits.
Case T-271/03: Deutsche Telekom AG v Commission of the European Communities(Competition- Article 82 EC- Charges for access to the fixed-line telecommunications network in Germany- Margin squeeze- Charges approved by the national regulatory authority for telecommunications- Leeway of the dominant undertaking).
It follows that Article 82 EC prohibits a dominant undertaking from eliminating a competitor and thereby strengthening its position by using methods other than those which come within the scope of competition on the basis of quality.
However, unless further compelling evidence to that effect has been presented,the fact that a customer has decided to stay with the dominant undertaking cannot suffice to establish that the rebates offered are capable of restricting competition to the requisite standard.
Otherwise, customers' choice to stay with the dominant undertaking would automatically be considered to indicate an abuse, despite the fact that customers could walk away from their agreements with the dominant undertaking without constraints.
It follows that Article 86 of the Treaty(now Article 82 EC) prohibits a dominant undertaking from eliminating a competitor and thereby reinforcing its position by having recourse to means other than those within the scope of competition on the merits.