The notion of dominance in competition law: An overview of EU and national case law

The notion of dominance in competition law can be considered as one of the ‘gatekeeper’ factors in the application of laws prohibiting abuse of a dominant position. This is because at least in some jurisdictions such as the European Union (EU) once an undertaking under investigation is established to have a ‘dominant position’, its freedom to enter into commercial practices that are common and perhaps normal business practices is severely limited due to its ‘special responsibility’ [1]. An examination of the EU Commission’s decisional practice shows that although the Commission does occasionally reject complaints alleging abuse of dominance, once dominance is established, more likely than not, the finding of abuse follows [2]. Alternatively, as has been the common practice of the EU

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • University of Leeds

Quotation

Pinar Akman, The notion of dominance in competition law: An overview of EU and national case law, 19 March 2015, e-Competitions Bulletin Notion of dominance, Art. N° 72138

Visites 388

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues