Authors: Aleksander Maziarz
Addresses: Kozminski University Law School, 57/59 Jagiellońska St., 03-301 Warsaw, Poland
Abstract: Tying and bundling are examples of practices that constitute abuse of a dominant position within the meaning of art. 102 TFEU. Such practices can take many various forms - from technological tying to mixed bundling. There are many reasons for tying. One of them is that companies can reduce costs by offering together products and provide customers with products of better quality or cheaper. On the other hand in most cases the European Commission of the EU courts had found that tying practices were aimed at causing damage to competitors or customers. The article presents case law of the EU Courts and the decisions of European Commission concerning tying practices. It focuses conditions that have to be met in order to classify the practice of the company as abuse of dominant position.
Keywords: EU competition rules; European Union; tying; bundling; EU courts; Article 102 TFEU; case law; dominant position abuse; company dominance.
International Journal of Public Law and Policy, 2013 Vol.3 No.3, pp.263 - 275
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 30 May 2013 *