ABUSE OF A DOMINANT POSITION - Advocatennet

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II. Exclusionary abuses: analytical framework (2) - Hoffmann-La Roche - • Residual competition (“Restwettbewerb”) t ttb b”) • An in-built bias against dominance? • Methods different from those which condition normal competition (“Leistungswettbewerb”) ttb b”) • The smaller-but-equally-efficient equally efficient competitor as benchmark… but “it may sometimes be necessary in the consumers’ interest to also protect competitors that are not (yet) as efficient as the dominant company” (point 67 COM discussion paper). p 8
II. Exclusionary abuses: analytical framework (3) - Michelin I - • A dominant company’s “special responsibility” – 57. “ A finding that an undertaking has a dominant position is not in itself a recrimination but simply means that, irrespective of the reasons for which it has such a dominant position , the undertaking concerned has a special responsibility not to allow its conduct to impair genuine undistorted competition on the common market.” • Assessment a dominant company’s conduct in light of “all the circumstances” – 73. “In deciding whether Michelin abused its dominant position in applying its discount system it is therefore necessary to consider all the circumstances, particularly the criteria and rules for the grant of the discount, and to investigate whether, in providing an advantage not based on any economic service justifying it, the discount tends to remove or restrict the buyer's freedom to choose his sources of supply, to bar competitors from access to the market, to apply dissimilar conditions to equivalent transactions with other trading parties or to strengthen the dominant position by distorting competition. ” 9
Page 1 and 2: Brussels Bar, Flemish Section 3rd I
Page 3 and 4: • Continental Can I. Art. 82 EC:
Page 5 and 6: I. Art. 82 EC: general issues (3) -
Page 7: II. Exclusionary abuses: analytical
Page 11 and 12: II. Exclusionary abuses: analytical

ABUSE OF A DOMINANT POSITION - Advocatennet

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