How is abuse defined?
An open list of categories of abusive conduct includes:
refusal to enter into transactions with other market participants, or amending the provisions of a transaction without an objectively justifiable reason;
restriction of the amount of production or sale of goods, the market or technical development to the detriment of consumers without an objectively justifiable reason;
imposition of provisions according to which the entering into, amendment or termination of transactions with other market participants makes such participants dependent on them, or that make these market participants accept such additional obligations as, by their nature and commercial use, have no connection with the particular transaction;
direct or indirect imposition or application of unfair purchase or selling prices or other unfair trading provisions; and
application of unequal provisions in equivalent transactions with other market participants, creating for them, in terms of competition, disadvantageous conditions.
The CL follows form-based approach to identifying anti-competitive conduct. Lack of negative effect or elimination of negative effect by the undertaking that has committed an abuse of dominant position in certain circumstances may serve as grounds for a decrease of penalties to be imposed.