| Abstract [eng] |
This paper deals with legal aspects of exclusive dealing which refers to any practices that commit or induce an undertaking to deal exclusively with a dominant undertaking. The main focus of this paper is related to the reform of Article 102 of the Consolidated Version of the Treaty on Functioning of European Union (hereinafter – the Treaty) as the European Commission reviewed enforcement priorities in applying Article 102 of the Treaty to abusive exclusionary conduct by dominant undertakings and as a result, the Commission engaged to abandon its formalistic practice towards more analytical effects-based approach. This new approach is based on a sound economic analysis of each specific case and focuses on the presence of actual or likely anti-competitive effects that harm consumers. Paper discusses the implications of the European Commission’s official documents aiming to reform Article 102 of the Treaty, especially in regards to „safe harbor“. The author also analyzes how the assessment of exclusive dealing as a form of abusive conduct has been formed in European Commission’s and courts’ practice and how it has changed after the reform of the Article 102 of the Treaty. Finally, considering Lithuanian national competition laws‘ approximation to acquis communautaire of the European Community, a brief overview of Lithuanian jurisprudence related to the legal assessment of exclusive dealing is provided. |
