A responsabilidade especial da empresa em abuso de posição dominante por exclusão

• Autor(a) principal: Batista, Elisabete Fernandes
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/19152
• topic: Abuso de posição dominante por exclusão; Mercado Relevante; Concorrência; Responsabilidade Especial; Google; Exclusionary abuse of dominant position; ; particular responsibility;; Relevant market; Competition; Particular responsibility; Direito

During the last decade very complex legal and competition-related events have taken place, mainly after DL Nº 19/2012, 8 of May came into force. These events led to a new reflection and, consequently, to a reorganization of the legislation applied to the violation of competition rules. Hence, the principal object of this thesis is to analyze the abuse of a dominant position and all the potential implications it may have for companies, consumers and the competitive market. The starting point focusses on the guidelines of competition, as well as on the origin of legal and effective protection of abuse. Similarly, relevant markets, inefficiencies and kinds of dominant positions are addressed in detail, particularly focusing on exclusionary abuse. Furthermore, particular responsibility of companies will be analyzed, as well as the dualism between American and European Law. Refusal to sell is studied in depth with the Solvents case, which is unique among its kind. The case-by-case analysis was based on the Google case, since it captures the reality of competition in Europe, which is object of one of the most relevant decisions of the AdC.