Funda-mentals of Article 102: A Dominant Platform, but No Abuse

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In March 2018 the Court of Amsterdam issued a verdict in a long-running abuse of dominance case involving funda, the largest property website in the Netherlands. The Court found funda to be dominant, but did not consider the company’s discriminatory listing of rival estate agents to be distortive of competition. Dr Gunnar Niels, Partner at Oxera and court expert in the case, describes how this makes for an interesting comparison with Google Shopping and other competition cases.