Gargiulo, Marco (A.A. 2023/2024) The evolution of article 102 of the treaty on the functioning of the European Union. Tesi di Laurea in EU competition law, Luiss Guido Carli, relatore Gian Luca Zampa, pp. 348. [Single Cycle Master's Degree Thesis]

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Abstract/Index

The concept of “abuse of dominance”. Origins of the notion of “abuse of dominant position”. Textual analysis of article 102 TFEU: is there a link between dominance and abuse? Objective vs subjective concept of abuse: the role of intent in article 102 TFUE. The definition of abuse: norms as governing standards. The traditional era. The modern era. The hybrid era. The categories of abuse of dominant position. Relevant criteria to differentiate between the various typologies of abuse of dominance. Exclusionary abuses. The taxonomy of legal tests for exclusionary abuses: between rules and standards. Exploitative abuses. The latest frontiers of the fight against abuse of dominance. Digital markets. The digital markets act: ex ante control over “gatekeepers”. The first steps of the commission towards the renovation process of article 102 TFUE: the 2023 amendments to the guidance paper. The commission’s 2025 draft guidelines on the application of article 102 TFUE to exclusionary abuses of dominance.

References

Bibliografia: pp. 320-341.

Thesis Type:	Single Cycle Master's Degree Thesis
Institution:	Luiss Guido Carli
Degree Program:	Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01)
Chair:	EU competition law
Thesis Supervisor:	Zampa, Gian Luca
Thesis Co-Supervisor:	De Sensi, Vincenzo
Academic Year:	2023/2024
Session:	Extraordinary
Deposited by:	Alessandro Perfetti
Date Deposited:	17 Jun 2025 13:21
Last Modified:	17 Jun 2025 13:21
URI:	https://tesi.luiss.it/id/eprint/42499

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