Article 82

If Article 81(old 85) dealt with cartels, article 82 (old 86) deals with monopolies; a rather simplistic encapsulation, but one with an element of truth.
T-68, 77-8/89 Re Italian Flat Glass
Where several undertakings together have a dominant position, then their actions can be in breach of Art. 82. You can thus see that it is not just a true monopoly situation. 垄断不单纯表现在单一的企业垄断，很多企业联合一起，形成市场主导地位也是垄断的一种形式
It should be noted that there is no equivalent to Art. 81(3) i.e., no possibility of exemption. There is an absolute abuse, which can not be for the benefit of the consumer, or no abuse at all.

A Dominant Position

In the case we are going to look at in more depth below, United Brands the Court defined a dominant position as “…a position of economic strength enjoyed by an undertaking which enables it to hinder 阻碍the maintenance of effective competition on the relevant market by allowing it to behave to an appreciable extent independently of its competitors and customers and ultimately of consumers.”
a) Defining the relevant market. The most important thing here is to define the relevant market, with reference to both the product and the geographical area. The test is that of interchangeability or product substitution. 测验的关键在于产品在相关市场上是否是可替换的

Factors can include
i. Cross elasticity, if the price of one product rises will consumers go for another e.g. lager for beer, frozen vegetables for fresh, margarine for butter. Etc. 如果产品价钱提高，消费者可以选择其他产品，是否有其他产品选择的余地 ii. Physical characteristics, which are similar, and mean that nothing else, can do. The Commission has published a Notice on the Definition of the Relevant Market (OJ 1997 C372/5) 没有其他人可以做， 其特点区别于其他产品，使得其他产品没有任何比拟性 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31997Y1209(01):EN:NOT which summarises the case law and the Commission methodology for determining the relevant market. One case where the Commission failed to define the relevant product