ARTICLE102 TFEU Flashcards

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1
Q

What does Article 102 TFEU address?

A

It addresses the abuse of a dominant market position within the European Union.

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2
Q

True or False: Article 102 TFEU only applies to companies with a dominant position in the market.

A

True

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3
Q

Fill in the blank: Article 102 TFEU prohibits practices that may affect _______ between member states.

A

trade

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4
Q

What are the two main types of abuse described in Article 102 TFEU?

A

Exclusionary abuses and exploitative abuses.

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5
Q

Multiple choice: Which of the following is an example of exclusionary abuse?

A

Refusing to supply a competitor.

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6
Q

What is the consequence of violating Article 102 TFEU?

A

Fines and other penalties imposed by the European Commission.

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7
Q

True or False: Article 102 TFEU applies to both public and private enterprises.

A

True

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8
Q

What is one example of exploitative abuse under Article 102 TFEU?

A

Imposing unfair purchase or selling prices.

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9
Q

Fill in the blank: Article 102 TFEU is part of the _______ of the Treaty on the Functioning of the European Union.

A

Competition rules

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10
Q

What is the significance of the concept of ‘dominance’ in Article 102 TFEU?

A

It determines whether a company has significant market power.

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11
Q

Multiple choice: Which authority is responsible for enforcing Article 102 TFEU?

A

The European Commission.

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12
Q

True or False: A company can be found in violation of Article 102 TFEU even if it does not have a monopoly.

A

True

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13
Q

What is the threshold for a company to be considered dominant in a market under Article 102 TFEU?

A

Typically, a market share of 40% or more.

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14
Q

Fill in the blank: Article 102 TFEU is applicable in _______ member states of the European Union.

A

all

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15
Q

What is the role of the European Court of Justice in relation to Article 102 TFEU?

A

It interprets and enforces EU competition law, including Article 102.

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16
Q

What is an example of a defense against a claim of abuse under Article 102 TFEU?

A

Proving that the conduct is objectively justified.

17
Q

True or False: Article 102 TFEU allows for price discrimination in all circumstances.

A

False

18
Q

What is the purpose of Article 102 TFEU in the context of the EU internal market?

A

To ensure fair competition and prevent market distortion.

19
Q

Multiple choice: Which of the following is NOT covered by Article 102 TFEU?

A

Merger control.

20
Q

Fill in the blank: Article 102 TFEU is complemented by Article _______ TFEU, which deals with anti-competitive agreements.

A

101