Where a dominant undertaking can provide an objective justification for its behavior, or can demonstrate that the exclusionary or exploitative effects of the abuse are outweighed by efficiency gains, Article 102 is not infringed.

To demonstrate an objective justification, there must be a legitimate objective for the behavior based on factors external to the dominant undertaking, for example the protection of public health.

Regarding efficiency gains, those gains must be realized or likely to be realized as a result of the conduct, and must be indispensable to the realization of those efficiencies.  The efficiencies would have to outweigh any negative effects on competition, and must not eliminate all effective competition.

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