ABSTRACT

The concept of an undertaking has the same meaning under Article 102 as under Article 101 TFEU (see Chapter 26.3). Further, as indicated in Chapter 26.4.1, abusive conduct of a dominant undertaking must have appreciable effect on trade between Member States in order to be caught by Article 102 TFEU, i.e. must affect the “competitive structure”2492 of the relevant market. Indeed, the structure of the relevant market is already weakened by the mere existence of a dominant undertaking and thus any conduct by a dominant undertaking which alters the competitive structure of the relevant market will have effect on trade between Member States.2493