This refers to enterprises whose market position is such that they can essentially dictate the terms of competition to other customers and market participants. Under EU law (Article 102 TEFU), a firm is in a dominant position if it has the ability to behave independently of its competitors, customers, and/or suppliers.
Source: UNCTAD
The Disputes Microsoft is sued for alleged excessive pricing in China by Guangzhou Kam Hing Textile Dyeing Co., Ltd. (Guangzhou Kam Hing). In March 2012, Microsoft sued Guangzhou Kam Hing in the Nansha District People’s Court (Nansha Court) for using pirated Microsoft software. According to the news report, the Hong Kong parent company of Guangzhou…
Background A special programme for promoting healthy competition in Finland was launched in the early 2012. One key objective of the programme is to tackle the challenges in enhancing effective competition in the Finnish grocery retail sector, identified e.g. in the so-called Europe 2020 Strategy approved by the European Council in July 2012. Resulting from…
In November 2010, the Czech Antitrust Office handed down its first ever decision to penalise predatory pricing, dealing with the dominant operator of public passenger coach services between the two largest Czech cities, Praha and Brno. The decision to issue a fine was confirmed during administrative appeal proceedings but was reversed by the Administrative Court…
The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a dominant position on the local market of natural gas installations planning and execution and closed the related investigation.[1]Decision no. 50 of 05.09.2012 of the Romanian Competition…
In early July this year, the UK’s specialist competition court, the Competition Appeal Tribunal (“CAT”), adopted a judgment (“Judgment”) in which it awarded a claimant (2 Travel) exemplary damages in relation to predatory pricing abuses engaged in by its dominant rival, Cardiff Bus.[1]2 Travel Group PLC (in liquidation) v Cardiff City Transport Services Limited {2012}…
More than one year ago, in response to complaints from local suppliers alleging abusive practices in the distribution chain of FMCG, the Ministry of Economy set up a Joint Task Group (JTG) to investigate whether legislative intervention was required. The JTG was fast to conclude that competition is distorted due to the existence of undertakings…
Shortly after revealing proposed amendments to the Competition and Consumer Protection Act (for details, please see my post from May 22), the Polish Competition Authority (the President of the Office for Protection of Competition and Consumers) published draft guidelines on commitment decisions (“Guidelines”). Since PCA nowadays uses commitment decisions increasingly often (125 such decisions were…
Most favoured customer clauses have risen to increasing prominence in both leading antitrust systems over the past two years. In the European Union, this came in the form of a little noted, but potentially significant, settlement with the Hollywood majors regulating their investment in new cinema equipment. In the United States, litigation relating to most…
On 12 June 2012, the Austrian council of ministers has adopted a proposal for an overhaul of the Austrian Cartel Act and of the Competition Act. If passed by parliament, which is likely, the amendment will become law on 1 October 2012. This post considers the proposed key changes. (Once the bill has been duly…
On 15 May 2012, Advocate-General Mazák delivered his long awaited Opinion to the European Court of Justice in the long-running AstraZeneca litigation. Practitioners hoping for an opinion that tempered some of the more extreme dicta of the General Court were to be disappointed. Advocate-General Mazák recommended that the General Court’s judgment be upheld in its…
