Treaty on the Functioning of the European Union
From Wiki IoT
European Union, Treaty on the Functioning of the European Union (TFEU)
|Type||EU Primary Law|
Art. 102 TFEU: abuse of dominant position.
- It is also applicable to the tying practice (see Communication from the Commission — Guidance on the Commission's enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings): in what measure can this provision help when IoT goods are bundled with dedicated services (e.g. Fitbit contractually imposes to us to use the good only trough the Fitbit Service or the Fitbit API; Filip device is usable only with Filip data driven service and AT&T wireless communication)?
- But (when) can we talk about dominant position in an IoT world, where there is a relevant fragmentation of providers? Maybe in the case of aftermarkets (see Competition/Antitrust Challenges in Technology Aftermarkets).
- When art. 102 is not applicable to the tying practce, is there any other legislation applicable to the matter?