Abuso di posizione dominante e diritto della proprietà intellettuale. Il caso Huawey

Abstract

This contribution focuses on those market operators who operate in a dominant position and is aimed at understanding their rationale and limits, especially in the reconciliation between regulatory discipline and phenomenal reality.

In the context of the rules for the protection of competition, a dominant position means a condition of significant market power arising in the hands of a company, compared to the others on the market. From an economic point of view, the dominant position is identified with the so-called market power, or the ability of a firm to raise prices above competitive levels in a lasting and profitable way. Not for this reason, however, are dominant positions to be considered illegitimate in themselves. Our legal system recognizes and protects these legal figures present on the market, by virtue of a reconciliation with the other interests that are at stake in the legal system and that come into contact with it