ABSTRACT
The "oligopoly problem" has long been the biggest impediment to the construction of a coherent and effective system of European Union (EU) competition law. Since it does not neatly fit into arts 101 or 102 Treaty on Functioning of the European Union, and the case law still requires significant development so as to extinguish the remaining doubts and issues. Notwithstanding, the Court of First Instance did not refuse to accept that a doctrine of collective dominance may be plausible under art.82 EC. In Flat Glass, the Commission condemned the practices of three Italian undertakings, under both arts 81 and 82 EC, which sought to obstruct proper competition from occurring across two' flat-glass markets. Certainly, the CFJ approved the existence of the doctrine, but failed to adequately elaborate with any precision on the term "economic links"; principally because no abuse had actually been established.
