Refusal to supply as an abuse of dominance in EC competition law

Abstract

This work explores the notion of refusal to supply as an abuse of a dominant position under Article 82 of the EC Treaty as arising in case-law in an attempt to outline the elements of abuse in a refusal to supply, the duty to supply incumbent on dominant undertakings, the various forms of refusal to supply and the possible defences against it. Refusal to supply as an abuse incorporates three classes which are classified according to the nature of the good sought - the regular refusal to supply goods and services, the refusal to grant access to essential facilities and the refusal to licence. Different classes could have different rules. The substantive arguments used to impose a duty to supply in the majority of cases are individually scrutinised and questioned. A rule establishing a general duty to supply is questioned as regards its' legitimacy and effectiveness in furthering the aims of competition policy.