Abusos de exclusão

: estudo comparatístico entre o ordenamento jurídico europeu e norte-americano

Abstract

The present work intends to study the application of the article 102 TFEU and of Section 2 of the Sherman Act to verified situations on the market when it comes to the practice of predatory pricing. The abuse of a dominant position, through the practice of predatory prices, translates into exclusionary behavior that harms both competition and consumers. In this conjuncture, several important points are covered, namely the existing jurisprudential and doctrinal constructions, as well as the analysis of the legal provisions’ precepts in force. Thus, this investigation based on the successive jurisprudential analysis and European and North American doctrine, has the means to determine a set of principles and requirements for proper application, guidance and understanding of this practice, in accordance with the principles governed by competition law. Subsequently, in view of the foundations presented, it is established a comparison between the different positions adopted by the doctrine and jurisprudence, European and North American legal system. In our view, despite the undeniable influence of the North American Competition Law on the European legal system, we conclude that the European Competition Law remains the most appropriate response to the challenges raised by these practices.

Date of Award	22 Jul 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sofia Oliveira Pais (Supervisor)