The competition policy of the European Community (EC) does not concentrate on the 'market power' of enterprises. Instead of that it uses the terms: 'domination of the undertaking in the market' and 'the abuse of the dominant position'. There is no doubt that such a position distorts free competition as it limits the freedom of activities of other market participants. Therefore, the art. 82 of the Treaty establishing the EC predicts 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 aim of this paper is to analyse three conidtions predicted by the art. 82: the domination of the undertaking in the market, the abuse of this dominant position and its affection on trade between Member States. The analyses shows what is ment by the 'relevant product and geographical market, what are the indices of the dominant position and when we can talk about its abuse.

Pravo

Dr. Justyna Maliszewska-Nienartowicz je vanjski suradnik na projektu. Profesorica je prava u Jean Monnet Centre for European Studies Nicolaus Copernicus University in Toruń, Poland