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Understanding Exploitative and Exclusionary Abuses in Competition Law

This article delves into the concept of exploitative and exclusionary abuses under competition law, with a focus on Article 82 and its implications. It explores unfair trading conditions, limitations on production and markets, and the abusive use of intellectual property rights. Key cases, including Hoffmann-La Roche and Tetra Pak II, highlight the consequences of exclusive dealings and abusive licensing practices. Additionally, it addresses potential discriminatory practices based on nationality and residence, along with issues related to market sharing and price-fixing.

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Understanding Exploitative and Exclusionary Abuses in Competition Law

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  1. OTHER ABUSES

  2. 1. Exploitative abuses- Article 82(a) : unfair trading conditionsGEMA; SABAMTETRA PAK II- Article 82(b) : limitation of production, markets or technical developmentP & I Clubs; Port of Genoa

  3. 2. Exclusionary abuses - exclusive dealings : Hoffmann-La Roche, BPP, Tetra Pak II- abusive use of IP rights : + abusive registration of trade marks: Osram /Airam + abusive acquisition of licences: Tetra Pak II + abusive licensing policy

  4. 3. Abuses of the third kind ?- discrimination on grounds of nationality or residence: Sacchi; GVL- restrictions on parallel trade : Interbrew; United Brands- market-sharing or price-fixing : Decca; Flat Glass

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