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

Pursuant to Section 7 of the Act, holding a dominant position is not in itself prohibited, only the abuse of such position is. Section 7 of the Act sets out a list of some of the main practices which may constitute an abuse, such as:
- directly or indirectly imposing unfair purchase prices or other unfair trading conditions;
- limiting trade, production or technical development to the prejudice of …

Abuse

According to Section 3(2), an undertaking holds a dominant position where, on a relevant market, it does not directly face competition, or its position enables it to act independently of competitors, customers and consumers. According to the Act, for undertakings not engaged in retail trade, a presumption of dominance is said to exist where an undertaking has a market share of not less than 40%, or where, a group of three or less undertakings jointly holds 70% or more of the relevant market. In the same way, for undertakings engaged in retail trade, a presumption of dominance is said to exist where an undertaking has a market share of not less than 30%, or where a group of three or less undertakings jointly holds 55% or more of the relevant market.

Competition Council Resolution No 52, adopted on 17 May 2000 provides more “Explanations on the Competition Council concerning definition of the dominant position”.

Dominant position

Pursuant to Section 7 of the Act, holding a dominant position is not in itself prohibited, only the abuse of such position is. Section 7 of the Act sets out a list of some of the main practices which may constitute an abuse, such as:

- directly or indirectly imposing unfair purchase prices or other unfair trading conditions;

- limiting trade, production or technical development to the prejudice of consumers;

- applying dissimilar conditions to equivalent transactions with certain undertakings, thereby placing them at a competitive disadvantage;

- subjecting the conclusion of contracts to other parties' acceptance of supplementary obligations which by their nature or according to business usage have no connection with the subject of such contracts.

 Section 7 is modeled on Article 102 TFEU; as with EU law, the prohibition against abuse of dominance is absolute and prohibited behavior will not be exempted.

Global Competition Law

477. Abuse

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

Les notions juridiques connexes

477. Abuse

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