Seitenhistorie

Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.

Such abuse may, in particular, consist in:

(a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;

(b) limiting production, markets or technical development to the prejudice of consumers;

(c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;

(d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

Art. 102 TFEU was stablished by the Treaty that instituted the European Economic Community of 1957 (known as the Treaty of Rome) as Art. 86. Then, it changed into Art. 82 EC bythe Treaty of Amsterdam and nowadays, according to the Treaty of Lisbon, it is to be found in Art. 102 TFEU.

It has direct effect, because it is a primary source of law of the European Union.Therefore, nationals of the European Union can invoke this provision before any Member State Court.

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