Article 102 TFEU applies only to dominant undertakings. However the definition of the term ‘dominant position’ originally established by the CJEU poses some problems of interpretation. There have been many attempts at rationalising this definition, including attempts to equate it to the economic concept of ‘substantial market power’. This article considers the definition of ‘dominant position’, and assesses the problems associated with the current legal definition. It reviews the attempts made to make sense of the legal definition and examines whether in reality ‘dominance’ amounts to ‘substantial market power’. Read more here.
