Complaints regarding an abuse of a dominant position received under Article 102 TFEU

8.5.2018

Question for written answer E-002535-18
to the Commission
Rule 130
Charles Tannock (ECR)

Article 102 of the Treaty on the Functioning of the European Union (TFEU) states that:

‘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.’
• 2.What is the average amount of time taken by the Commission to issue its final adjudication in such cases?
• 3.What is the average amount of time taken between the issuing of the Commission’s preliminary opinion (Statement of Objections) and its final adjudication in such cases?

1. How many complaints has the Commission received under the terms of Article 102TFEU since the treaty came into operation?