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 3 of the Act prohibits the abuse of a dominant position by one or more undertakings. An undertaking is said to be dominant where it accounts for the majority of sales in a particular market and is therefore able to act independently of its competitors, customers and consumers. Although market share is an extremely important factor in evaluating whether an entity is dominant, elements such  …

Abuse of a dominant position

Section 3 of the Act prohibits the abuse of a dominant position by one or more undertakings. An undertaking is said to be dominant where it accounts for the majority of sales in a particular market and is therefore able to act independently of its competitors, customers and consumers. Although market share is an extremely important factor in evaluating whether an entity is dominant, elements such as market structure, the height of entry barriers and the maturity of the relevant market will also be taken into account.

As in EU law, the mere fact of being in a dominant position is not prohibited; the position must actually be abused. Section 3 of the Act sets out a list of some of the primary practices that may constitute abuse of a dominant position. These prohibited practices are the same as those listed in Section 2 regarding anticompetitive agreements.

In Italy, the majority of cases alleging abuse of a dominant position used to be resolved on grounds that the alleged behavior fell outside the scope of Section 3 of the Competition Act. However, more recent cases have ended with the imposition of substantial fines.

Law No 57 of 5 March 2001, amending Law No 192 of 18 June 1998, has introduced measures granting the Competition Authority jurisdiction in certain cases involving abuse of economic dependency. Prior to this amendment, the ordinary civil courts had sole jurisdiction in this area. Section 9(3) of the law of 1998 now provides that the Authority “may issue the warnings and impose the penalties provided by Section 15 of Law No 287 of 10 October 1990 against any company or companies found liable for abuse of economic dependence”. However, this Section does not define what constitutes abuse of economic dependence.

The 2021 Annual Law for Competition (Law No 118 of 5 August 2022) introduces a rebuttable presumption of economic dependence in the business relations of undertakings that offer intermediation services on digital platforms. The provisions amending the Italian rules on abuse of economic dependence will enter into force on 31 October 2022. 

Global Competition Law

422. Abuse of a dominant position

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Les notions juridiques connexes

422. 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