Abuse of a dominant position

Abuse of a dominant position guidance:

Competition concerns relating to collective dominance and oligopolies may be dealt with in various ways under EU and UK competition laws: • Article 101 TFEU or the...

Practice Note

Aftermarkets are particularly important to manufacturers of complex technical equipment and other companies that adopt a 'razors and razor blades' type of business model....

Practice Note

Article 102 TFEU prohibits undertakings which hold a dominant position within the EU or a substantial part of it from abusing that dominant position, in so...

Practice Note

Article 101(1) TFEU and Article 102 TFEU will only apply to market conduct (whether agreements/concerted practices or unilateral conduct) that may...

Practice Note

ARCHIVED–this archived practice note provides information on EU competition law and big data and algorithms and reflects the position at the date of publication (11...

Practice Note

Intellectual Property Rights (‘IPRs’) enable their owner to exclude third parties from use of the relevant protected subject matter. Excluding, or threatening to exclude,...

Practice Note

Predatory pricing is a well recognised ‘exclusionary’ abuse under Article 102 TFEU—conduct engaged in by a dominant undertaking which specifically targets competitors and...

Practice Note

State intervention in the economy may interact with EU Treaty obligations, most notably the duty of loyalty under Article 4(3) TEU and Article 106 TFEU. For example, the...

Practice Note

The analysis of the circumstances in which a dominant company may grant rebates to its customers to encourage them to purchase from it is one of the most complex and...

Practice Note

The 'essential facilities’ doctrine states that the refusal by a dominant company to grant assess to an essential facility that it controls constitutes an...

Practice Note

Margin squeeze is an example of ‘exclusionary' conduct that targets competitors with the aim of eliminating or weakening their position as viable...

Practice Note

In the EU, unilateral or ‘dominant’ firm conduct is governed by Article 102 TFEU. In particular, Article 102 TFEU prohibits undertakings that (individually or...

Practice Note

Tying and bundling have largely been addressed under EU competition law in the context of abuse of dominance. Tying is specifically mentioned in Article 102(d) TFEU as...

Practice Note