Posição dominante no âmbito do direito da concorrência

: considerações de eficiência económica

Abstract

This dissertation aims to study the concept of dominant position under competition law. For many years, dominant companies have seen their freedom of action limited since many of their behaviors fell within the scope of Article 102º of the TFEU, hereinafter referred to as Article 102º. With the evolution of the interpretation of art. 102º started in 2005 - when the Discussion Paper first appeared -, a new paradigm was established in the evaluation of abusive behaviors at first sight. Thus, possible justifications, often using the concept of economic efficiency, began to incorporate the analysis of the Article 102º. Throughout this work, divided into four chapters, various concepts will be analysed, making an articulation, whenever possible, to the notion of economic efficiency. First, there will be an appreciation of some introductory notions, which is fundamental to the understanding of the remaining core subjects of this work. Thus, considerations about economic models, the analysis of the fundamentals of competition law and the study of the grounds for the prohibition of abuse will be part of this first chapter. Then, in the second chapter, the concept of dominant position and its underlying concepts will be exposed. The third chapter will be devoted to the analysis of the concept of abuse of dominant position, as well as to the study of the various types of abuse that can be found in the markets. Finally, the fourth chapter will be intended to a detailed approach to the evolution of the art. 102, contemplating, as it could not be otherwise, considerations of economic efficiency.

Date of Award	7 Sept 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Nuno Castro Marques (Supervisor)