Abuse of a dominant position definition

View the related checklists about Abuse of a dominant position

Competition law and joint ventures—checklist

Competition law and joint ventures—checklist This checklist summarises the competition law considerations relevant to both structural and non-structural joint ventures (both merger control rules and antitrust laws). Structural or non-structural? The key consideration will be to determine whether a proposed joint venture is structural or non-structural/cooperative; the answer to this will determine how the joint venture is to be assessed. Structural joint ventures • A structural joint venture will include arrangements that produce long-lasting structural changes to the market by creating or changing the economic control of a legal entity, for example: ◦ the creation of a joint venture company ◦ the creation of a separate partnership between the parents ◦ changes to shareholder control. • Structural joint ventures will generally always fall within merger control rules (depending on notification thresholds being met). If merger control rules don't apply, it will be necessary to consider antirust rules. Non-structural/cooperative joint venture • A non-structural and/or cooperative joint venture will not include any changes to the economic control of any...

View the related practice notes about Abuse of a dominant position

Case C- 583/13 P Deutsche Bahn and Others v Commission (dawn raids) [Archived]

Case C- 583/13 P Deutsche Bahn and Others v Commission (dawn raids) [Archived] CASE HUB (date of judgment—18/06/2015) See further: timeline, commentary and related/relevant cases ARCHIVED—this archived case hub reflects the position at the date of the decision of 18 June 2015; it is no longer maintained. Case facts Outline Appeal brought by Deutsche Bahn and several subsidiaries against the General Court judgment upholding the Commission’s decision of 14 March 2011 authorising dawn raids at Deutsche Bahn premises on 29 March 2011 and subsequent decisions authorising additional inspections following allegations that Deutsche Bahn (and its subsidiaries) had abused a dominant position. On 18 June 2015, the Court of Justice set aside the General Court judgment to the extent that it rejected Deutsche Bahn's plea alleging infringement of the rights of defence in view of the irregularities affecting the conduct of the first inspection and annulled the contested Commission decisions. The case focuses on the scope of the Commission's powers of investigation when ordering and carrying out...

Case C‑ 23/14 Post Danmark II [Archived]

Case C‑ 23/14 Post Danmark II [Archived] CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the judgment of 6 October 2015; it is no longer maintained. See further: timeline, commentary and related/relevant cases Case facts Outline National reference from the Danish Sø- og Handelsret (a national maritime and commercial court) to the Court of Justice requesting a preliminary ruling under Article 267 TFEU seeking to clarify (amongst other things) whether, for the purposes of assessing the anticompetitiveness of rebate schemes under Article 102 TFEU, it is legally necessary to carry out a price/cost analysis in which the commercial conduct of the dominant undertaking is compared with that of an equal competitor (the ‘as-efficient-competitor’ test) and, furthermore, whether any exclusionary effect produced by the rebate scheme must be 'appreciable' in order for it to fall within Article 102 TFEU. On 6 October 2015, the Court of Justice ruled that the demonstration of an abuse in relation to a rebate scheme does not require the...

View the related precedents about Abuse of a dominant position

Message from CEO on introduction of competition law compliance policy

Message from CEO on introduction of competition law compliance policy From [[insert job title], ][insert name] Competing fairly benefits both businesses and consumers. Competition shows companies where they need to improve and encourages organisations to strive for greater efficiency, become more innovative, more productive, and ultimately be better businesses. Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition. All businesses must comply with competition law and there can be serious consequences for businesses and individuals, including directors, for non-compliance, including heavy fines, prison sentences, director disqualifications and reputational damage. What is competition law compliance? Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition in the markets in which they operate. All businesses must comply with competition law and there can be serious consequences for businesses and individuals for non-compliance, including heavy fines, prison sentences, director disqualifications and reputational damage. How does this affect us? Competition law may become an issue for [insert organisation...

Competition law compliance policy

Competition law compliance policy 1 Introduction 1.1 Competition benefits both businesses and consumers. It shows companies where they need to improve; encourages organisations to strive for greater efficiency, become more innovative, more productive, and ultimately be better businesses. 1.2 We run our business[es] with integrity and in an honest and ethical manner. All of us must work together to ensure [it OR they] remain[s] strictly within the boundaries of competition law. 1.3 This policy is a crucial element of that effort. It has the full support of the [insert, eg board]. It sets out the steps all of us must take to comply with competition law in our business. 2 What is competition law and how does it affect us? 2.1 Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition. All businesses must comply with competition law and there can be serious consequences for businesses and individuals, including directors, for non-compliance. These can include heavy fines, prison sentences, director disqualifications and...

View the related q&as about Abuse of a dominant position

In a written intellectual property licence that satisfies the English law requirements for creation of a contract and that is not in conflict with competition laws, can royalties be contractually agreed to be paid in perpetuity?

In a written intellectual property licence that satisfies the English law requirements for creation of a contract and that is not in conflict with competition laws, can royalties be contractually agreed to be paid in perpetuity? It has been assumed that this Q&A refers to validly created licences and individual IP right licence requirements (ie whether must be in writing and signed etc) have not been covered. As such in conducting our research, we have focused on IP licence agreements in which royalties are payable. There are many different types of UK IP licence. Such licences are governed by IP right specific laws such as the Copyright, Designs and Patents Act 1988, the Patents Act 1977 or the Trade Marks Act 1994. Technology transfer licensing is subject to UK and EU competition laws. Licences are also governed by common law. A perpetual licence may be granted (and the payment of royalties tied to the term of the licence). However, the period of the licence cannot extend the...

Can a UK subsidiary of a US company refuse to sell parts to a supplier in the UK?

Can a UK subsidiary of a US company refuse to sell parts to a supplier in the UK? UK subsidiary A UK subsidiary is an officially incorporated body formed in the UK in accordance with local rules on company formation and registration. The subsidiary’s capital is owned either fully by its parent company or run by a company in conjunction with local partners. The UK subsidiary will have to conform to UK rules and regulations, and not those of the jurisdiction wherein the parent company operates (in this case, the US). UK competition law UK competition law regulates anti-competitive conduct, merger control and ensures markets are competitive. The Competition and Markets Authority (CMA) is the principal UK competition authority. In the UK, two sets of competition rules currently apply in parallel. Anti-competitive behaviour, which may affect trade within the UK is specifically prohibited by Chapters I and II of the Competition Act 1998 and the Enterprise Act 2002. EU competition law In the EU, unilateral or ‘dominant’...

View the related News about Abuse of a dominant position

Competition weekly highlights—9 January 2025

This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA publishing finalised versions of six updated mergers guidance documents to reflect jurisdictional and procedural changes introduced by DMCCA 2024, (2) the CMA’s decision that the Synopsys/Ansys merger meets the test for reference to phase 2, (3) a CAT judgment largely dismissing Keltbray’s appeal against a construction cartel fine, as well as upholding the CMA’s application to revoke a settlement discount resulting in a higher fine, (4) the CMA publishes an updated version of its Guidance on investigation procedures under the CA 1998 cases following changes brought by the DMCCA, (5) CMA announces it intends to launch SMS investigations in relation to 3 distinct digital activities within six months of regime, (6) the CMA publishes final guidance on the digital markets competition regime, as well a separate guidance on the merger reporting requirements for SMS firms, (7) CMA publishes updated version of the its rules of procedure setting out the board’s powers and functions, (8) the...

UK Competition law—daily round-up (19/12/2024)

A round-up of UK competition law developments, including (amongst other things) (1) the CMA publishes an updated version of its Guidance on investigation procedures under the CA 1998 cases following changes brought by the DMCCA, (2) the CMA publishes final guidance on the digital markets competition regime, as well a separate guidance on the merger reporting requirements for SMS firms, (3) the CMA publishes an updated statement of policy concerning its approach to imposing administrative penalties for failure to comply with requirements imposed under its investigatory and remedies powers, (4) the CMA publishes updated guidance on its transparency and disclosure statement, including new overseas investigative assistance, (5) the CMA publishes guidance on its information gathering powers relating to road fuel monitoring, (6) the CMA publishes a memorandum of understanding (MoU) between the CMA, the Bank of England and the PRA regarding the Digital Markets Regime, (7) the CMA publishes a MoU between the CMA and Ofcom regarding the Digital Markets Regime, (8) the CMA publishes a MoU between the CMA...