The Irish High Court refuses to grant injunctive relief to restrain an alleged abuse of dominant position by engaging in predatory pricing

This case involves an application for injunctive relief to restrain an alleged breach of Competition Law, namely the abuse of a dominant position under s.5 of the Competition Act 2002 (“the 2002 Act”) by engaging in predatory pricing. Whilst the case started off as a domestic Irish Competition Case more recently EU Law Issues have been raised which have yet to be decided by the Judge in the proceedings which are ongoing. CRH and Kilsaran hold respective shares of 36.5% and 37% of the ready-mixed concrete market. However, the plaintiff asserts that the parties are collectively dominant either on the basis of some unspecified form of financial interdependence or assistance between them or on the basis of their positions and conduct in the market. These assertions of a relationship

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Patrick O'Brien, The Irish High Court refuses to grant injunctive relief to restrain an alleged abuse of dominant position by engaging in predatory pricing, 28 July 2011, e-Competitions July 2011, Art. N° 38148

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