In existing competition laws, there are two kinds of prohibitions of abuse of dominant positions: Abuse of dominance is key for Competition Policy. ‘Dominance’ in Competition Law is the position of strength enjoyed by an undertaking which enables it to operate independently of competitive pressure in the relevant market and also to appreciably affect the relevant market, competitors and consumers by its actions.Īlthough dominance is a precondition for establishing a violation of Article 102 TFEU Section 18 of the Competition Act, 1998 or Section 4 of the Competition Act, 2002, it is by no means a sufficient condition. Rebates that impede imports and exports.Pricing practices that are harmful to the single market.Is there an objective justification for the discrimination?.Could the discrimination place other trading parties at a competitive disadvantage?.Is the dominant undertaking guilty of applying dissimilar conditions to equivalent transactions?.Has the dominant undertaking entered into equivalent transactions with other trading parties?.Does the accused undertaking have a dominant position?.Rejections of complaints about margin squeezes.Is there an objective justification for the margin squeeze?.Is the margin squeeze capable of producing anti-competitive effects?.Do the dominant firm’s upstream and downstream prices allow an undertaking as efficient as the dominant firm to compete on the downstream market?.Does the accused undertaking hold a dominant position in the upstream market?.Is the accused undertaking operating on an upstream and a downstream market?.Cases where predatory pricing was not established.Selective price-cutting but not below cost.Predatory price cutting and cross-subsidisation.The Commission’s approach to predation in its Guidance on Article 102 Enforcement Priorities.Are the standards of AVC and ATC always appropriate?. ![]()
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