§ 6: A substational part of the internal market
Once it has been established that a firm has a dominant position on the market, one further jurisdictional question must be answered before going on to the issue of abuse: is that dominant position held in the whole or a substantial part of the internal market? If not, art 102, by its own terms, does not apply.
The requirement that market power should exist over a substantial part of the internal market is in a sense the equivalent of the de minimis doctrine under art 101, according to which agreements of minor importance are not caught.