This paper will discuss how a refusal to access a Private Blockchain can be considered an abuse of dominant position under 102º of TFEU. For that matter, we will analyse how the EU institutions have distinguished different types of refusals and how they have been qualified as abuses. Additionally, we will go through the specific characteristics of private blockchains that facilitate the emergence of exclusionary abuses and review the concepts of market definition and dominant position applied to blockchain technology. Finally, we will conceptualize possible refusals to deal in private blockchain systems, inspired by real case uses, and explore “data privacy” as a potential objective justification.
| Date of Award | 14 Sept 2023 |
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| Original language | English |
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| Awarding Institution | - Universidade Católica Portuguesa
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| Supervisor | Sofia Oliveira Pais (Supervisor) |
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- Competition law
- Refusal to deal
- Refusal of access to a private blockchain
- Abuse of dominance
- Dominant position
- Market definition
- Blockchain
- Private blockchains
- Essential facility doctrine
- Objective justifications
- Data privacy
- Data protection
Restrictions of competition in private blockchains: refusal to deal
Oliveira, E. M. A. D. (Student). 14 Sept 2023
Student thesis: Master's Thesis