Samenvatting week 8 (2026) -
European Law (RGBUIER003)
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Deze samenvatting bevat alle belangrijke stof voor deze week van het vak European Law
(RGBUIER003) aan de Universiteit Utrecht in 2026.
De samenvatting bevat handige stappenplannen, overzichtjes en kernpunten per onderwerp.
Perfect om snel en gestructureerd te leren zonder alle stof opnieuw door te ploegen.
Kijk ook eens naar mijn andere materiaal:
● Heb je meer weken gemist? Ik heb van alle weken van dit vak losse samenvattingen
online staan, evenals een voordelige verzamelbundel.
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Week 8: Competition Law II: Article 102 TFEU
Abuse of dominance
Learning objective:
Content:
1 The student has knowledge and understanding of Article 102 TFEU.
2 The student is able to apply the relevant legislation and case law on Article 102 to
legal questions dealing with abuse of dominance.
Skills:
1 Students practice analyzing a case and solving the case by legal reasoning.
1 | Objectives of Article 102 TFEU
Art. 102 TFEU seeks to control the market power held by undertakings in the EU.
● Monopoly power can lead to higher prices and lower output than under more
normal competitive conditions.
● The core rationale of legal intervention is the protection of economic efficiency
and consumer welfare functioning of the internal market by tackling barriers to
effective competition.
Purpose of Art. 102 TFEU (from lecture slides):
● Competition leads to higher consumer welfare (lower prices, more choice, better
quality).
● Competition rules create and support the process of competition in the internal
market.
● Fairness? Protecting consumers & smaller firms.
● In motion: competition law may also protect other public interests, such as
media-plurality, democracy, personal autonomy.
, Why Art. 102 is much debated — context digital economy:
● Competition rules are "old" (Sherman Act 1890; EEC Treaty 1957) and were
designed for the traditional economy.
● The traditional/old economy is characterized by: multi-plant/multi-firm production,
heavy capital investment, stable markets, slow entry/exit, and competition in the
market.
● The new/digital economy is characterized by: high rate of innovation, first-mover
advantage, network effects, switching costs, multi-sidedness, data-driven network
effects, and competition for the market.
● Network effects: more users → more value → more users (positive feedback loop
that can cause market tipping towards one firm).
● Data-driven network effects: more users → more data → smarter algorithm →
more value for users → more ad revenue (even stronger feedback loop).
● AI may further strengthen these data-driven network effects.
● Fundamental question: when is corporate power "too much"?
[oranje1] 2 | Conditions for article 102 TFEU
Step 1: Outlining of art. 102 TFEU
● Start by outlining the scope of Art. 102 TFEU:
○ (i) "Any abuse by one or more undertakings;
■ Key distinction with Art. 101 TFEU: Art. 102 concerns the conduct
of one (or more) undertaking(s) abusing market power, not
agreements between undertakings.
○ (ii) of a dominant position within the internal market or in a substantial
part of it shall be prohibited as incompatible with the internal market
■ Important: dominance itself is not prohibited. However, dominant
undertakings have a "special responsibility" not to engage in
practices that distort competition (CJEU Post Danmark I, par. 24; also
United Brands). This special responsibility is the foundation of the
entire abuse analysis.
○ (iii) in so far as it may affect trade between Member States."
Step 2: Is there an undertaking?
Same definition as Art. 101 TFEU:
● Definition: Every entity engaged in an economic activity, regardless of its legal status
and the way it is financed (Höfner & Elser, par. 21 [week 7])
● Economic activity: The offering of goods and services on a given market where that
activity could, at least in principle, be carried out by a private undertaking for profit
(CJEU Ambulanz Glöckner [week 7]).
● Single economic entity doctrine: A parent and subsidiary forming a single
economic entity are treated as one undertaking. If the parent exercises "decisive
influence" over the subsidiary (e.g. 100% shareholding), dominance is presumed
(CJEU Akzo). Similarly, a principal-agent relationship may constitute a single
undertaking unless the agent assumes commercial risk.
● Joint dominance: Art. 102 can apply to multiple independent undertakings holding
collective dominance, even without formal links, if the market structure enables
coordinated behaviour.
European Law (RGBUIER003)
----------------------------------------------------------------------------------------------------
Deze samenvatting bevat alle belangrijke stof voor deze week van het vak European Law
(RGBUIER003) aan de Universiteit Utrecht in 2026.
De samenvatting bevat handige stappenplannen, overzichtjes en kernpunten per onderwerp.
Perfect om snel en gestructureerd te leren zonder alle stof opnieuw door te ploegen.
Kijk ook eens naar mijn andere materiaal:
● Heb je meer weken gemist? Ik heb van alle weken van dit vak losse samenvattingen
online staan, evenals een voordelige verzamelbundel.
----------------------------------------------------------------------------------------------------
Week 8: Competition Law II: Article 102 TFEU
Abuse of dominance
Learning objective:
Content:
1 The student has knowledge and understanding of Article 102 TFEU.
2 The student is able to apply the relevant legislation and case law on Article 102 to
legal questions dealing with abuse of dominance.
Skills:
1 Students practice analyzing a case and solving the case by legal reasoning.
1 | Objectives of Article 102 TFEU
Art. 102 TFEU seeks to control the market power held by undertakings in the EU.
● Monopoly power can lead to higher prices and lower output than under more
normal competitive conditions.
● The core rationale of legal intervention is the protection of economic efficiency
and consumer welfare functioning of the internal market by tackling barriers to
effective competition.
Purpose of Art. 102 TFEU (from lecture slides):
● Competition leads to higher consumer welfare (lower prices, more choice, better
quality).
● Competition rules create and support the process of competition in the internal
market.
● Fairness? Protecting consumers & smaller firms.
● In motion: competition law may also protect other public interests, such as
media-plurality, democracy, personal autonomy.
, Why Art. 102 is much debated — context digital economy:
● Competition rules are "old" (Sherman Act 1890; EEC Treaty 1957) and were
designed for the traditional economy.
● The traditional/old economy is characterized by: multi-plant/multi-firm production,
heavy capital investment, stable markets, slow entry/exit, and competition in the
market.
● The new/digital economy is characterized by: high rate of innovation, first-mover
advantage, network effects, switching costs, multi-sidedness, data-driven network
effects, and competition for the market.
● Network effects: more users → more value → more users (positive feedback loop
that can cause market tipping towards one firm).
● Data-driven network effects: more users → more data → smarter algorithm →
more value for users → more ad revenue (even stronger feedback loop).
● AI may further strengthen these data-driven network effects.
● Fundamental question: when is corporate power "too much"?
[oranje1] 2 | Conditions for article 102 TFEU
Step 1: Outlining of art. 102 TFEU
● Start by outlining the scope of Art. 102 TFEU:
○ (i) "Any abuse by one or more undertakings;
■ Key distinction with Art. 101 TFEU: Art. 102 concerns the conduct
of one (or more) undertaking(s) abusing market power, not
agreements between undertakings.
○ (ii) of a dominant position within the internal market or in a substantial
part of it shall be prohibited as incompatible with the internal market
■ Important: dominance itself is not prohibited. However, dominant
undertakings have a "special responsibility" not to engage in
practices that distort competition (CJEU Post Danmark I, par. 24; also
United Brands). This special responsibility is the foundation of the
entire abuse analysis.
○ (iii) in so far as it may affect trade between Member States."
Step 2: Is there an undertaking?
Same definition as Art. 101 TFEU:
● Definition: Every entity engaged in an economic activity, regardless of its legal status
and the way it is financed (Höfner & Elser, par. 21 [week 7])
● Economic activity: The offering of goods and services on a given market where that
activity could, at least in principle, be carried out by a private undertaking for profit
(CJEU Ambulanz Glöckner [week 7]).
● Single economic entity doctrine: A parent and subsidiary forming a single
economic entity are treated as one undertaking. If the parent exercises "decisive
influence" over the subsidiary (e.g. 100% shareholding), dominance is presumed
(CJEU Akzo). Similarly, a principal-agent relationship may constitute a single
undertaking unless the agent assumes commercial risk.
● Joint dominance: Art. 102 can apply to multiple independent undertakings holding
collective dominance, even without formal links, if the market structure enables
coordinated behaviour.
