Dominerande ställning på digitala marknader - Missbruk av dominerande ställning av språkundervisande företag verksamma via internet

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: Due to digitalization, society has been hit by the fact that many companies offer their services via the internet. There are many companies that offer language learning services through the internet. Like companies operating offline, online companies are experiencing competitive difficulties. In current applicable law, there are no exact descriptions of how competition in such markets should be regulated. The dissertation examined the conditions under which companies offering language teaching services via the Internet have a dominant position in the relevant market and the limitations of Article 102 TFEU for such companies. The provision on the dominant position of the company is contained in Article 102 TFEU. This provision only states that the abuse of a dominant position is prohibited and gives some examples of such abuses. The concept of dominant position is defined in EU case law. The dissertation has included a study of various legal cases and the Commission's statement in the relevant field. A language teaching company that offers its services via the internet has a dominant position if it has a dominant number of market shares. In order to calculate market shares, the company's revenues must be taken into account. If the service is provided free of charge - the number of people who took part in the service must be taken into account. Market shares shall be calculated on the relevant market: the product market and the geographic market. The product market for language teaching companies operating on the Internet consists of companies that offer language teaching services of the same language via the Internet on the same platform. The geographic market is defined by agreements entered into by the company and the language used by the company in the provision of its services.

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