Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Section 5 of Chapter 1 of the LPC gives a precise definition of the dominant position on a market. According to the Section 5(1), a dominant position allows an undertaking or group of undertakings the opportunity to have a decisive impact on the general conditions of commodity circulation in the relevant goods market and/or to remove other undertakings from this goods market and/or to impede acces …

Abuse of a dominant position

Section 5 of Chapter 1 of the LPC gives a precise definition of the dominant position on a market. According to the Section 5(1), a dominant position allows an undertaking or group of undertakings the opportunity to have a decisive impact on the general conditions of commodity circulation in the relevant goods market and/or to remove other undertakings from this goods market and/or to impede access to this goods market for the other undertaking. A dominant position is established where one undertaking holds a market share of:

1) more than 50% except if the undertaking proves, in the course of proceedings, that such share does not confer on it a dominant position;

2) less than 50% where the FAS establishes that such share confers a dominant position on the undertaking due, inter alia, to the stability of its share compared to that of its competitors or opportunities for access to the concerned goods market of new competitors.

Conversely, Section 5(2) sets a presumption that there is no dominant position where the undertaking's market share does not exceed 35%. Such presumption may however be reversed where very specific conditions are satisfied, stated at Sections 5(3) and (6). Likewise, subject to exceptions, an undertaking owned by one or several natural persons cannot be held to be in a dominant position where the revenue of such undertaking derived from the sale of goods over the last calendar year does not exceed RUB 400 million (US$ 6.6 million).

Section 5(7) also special rules for determining the possible dominant position of financial organizations (excluding credit organizations).

Section 10 of Chapter 2 prohibits the abuse of dominant position by an economic entity that aims to prevent, restrict or eliminate competition. Since the FAP, abuse of a dominant position must harm the interests of other undertakings or of an indefinite range of consumers (previously, the FAS had to take action even where only one consumer was harmed).

The LPC provides a list of prohibitions: it covers for example the establishment and maintaining of monopolistically high or monopolistically low prices for a commodity, the withdrawal of goods from circulation, if the result of such withdrawal is to increase the price of the commodity or the imposition of contractual terms upon a counteragent which are unprofitable for the latter or not connected with the subject of agreement.

An economic entity can benefit from an exemption only for some specific actions. It has the right to provide evidence that its actions can be recognized as eligible to the exemption provided in Section 13 of Chapter 2.

Global Competition Law

1197. Abuse of a dominant position

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Les notions juridiques connexes

1197. Abuse of a dominant position

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise