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Abuse of a Dominant Position (Specific Abuses)
2019Abstract This chapter examines the relevant provisions of EU and UK competition law with regard to specific abuses of a dominant position. It first considers the question of exclusive rights and whether acquisition of a competitor is abusive if it strengthens a dominant position, citing the Court of Justice ruling in Tetra Pak Rausing v.
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2020
Article 17 of the AML gives the definition of market dominance, that is when the business operator has the ability to prevent or restrict other business operators from entering the relevant market. The method to define relevant market is stated by the Guide of the Anti-monopoly Committee of the State Council for the Definition of the Relevant Market ...
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Article 17 of the AML gives the definition of market dominance, that is when the business operator has the ability to prevent or restrict other business operators from entering the relevant market. The method to define relevant market is stated by the Guide of the Anti-monopoly Committee of the State Council for the Definition of the Relevant Market ...
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Competition Law: Dominant Position and Its Abuse: Identification of Abusive Use of Dominant Position
SSRN Electronic Journal, 2014Under the present system of competition laws in India, the dominance per se is not bad, what is bad is the abuse of this dominant position. This module would enable the learners to, enumerate the conduct which would be termed as abuse under Competition Act, 2002. Explain the concept of ‘unfair and discriminatory’ condition in purchase and sale of goods
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Abuse of Dominant Position: Main Elements
2019Abstract This chapter examines the main elements of EU and UK competition law with regard to abuse of dominant position. In addition to punishing collusive practices and providing remedies, competition law in the EU and UK prohibits unilateral conduct.
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Competition Law: Dominant Position and Its Abuse: Abuse of Dominant Position in US and EU
SSRN Electronic Journal, 2014The concept of abuse of dominant position in US and EU has some basic differences and it is interesting to note that the competition law in India has seen a shift from more reliance on EU than US in dealing with abuse of dominance cases. This is quite evident from the fact that the concept of ‘monopolistic trade practices’ under the MRTP Act was more ...
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Competition Law Dominant Position and Its Abuse: Meaning of Dominant Position
SSRN Electronic Journal, 2014Competition in markets means rivalry between competitors to attract customers which results in enhanced consumer welfare by way of more choices, newer products and low prices. If there is no competition in markets, one or more firms seek to gain monopoly or oligopoly which allows them to disregard the competitive pressure exerted by the competitors ...
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Restricting pharma supplies and abuse of dominant position
Journal of Intellectual Property Law & Practice, 2008The refusal by a dominant undertaking to supply pharmaceutical products in order to restrict parallel trade is likely to constitute the abuse of a dominant position under Article 82 of the EC Treaty, according to Advocate General Colomer in Syfait II. Although such a refusal is capable of objective justification, the Advocate General suggests that this
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Abuses of dominant and non-dominant position: a tale of (ir)reconcilable views?
2018In this paper I both review expert contributions from different jurisdictions pertaining to norms on abuse of dominance and norms on abuse of non-dominance, and assess to what extent these two families of dispositions are theoretically and practically reconcilable.
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Firm's damages from antitrust & abuse of dominant position investigations [PDF]
, 2011 Competition authorities carry out investigations and impose legal penalties on firms which are caught infringing the competition law. The rationale of this policy is to prevent firms from distorting free competition in a way that is detrimental to economic efficiency and at the same time to deter them from engaging in cartels and other anti-competitive
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