Sentences with phrase «abuse of a dominant position by»

Article 82 prohibits abuse of a dominant position by an undertaking (s) that may affect trade between member states.

In that respect, the difference, in this case, focuses primarily on the question whether the Commission had to identify an actual or potential abuse of the dominant position by the applicant, or whether it was sufficient for it to establish that the State measures in question distorted competition by creating an inequality of opportunities between economic operators, in favour of the applicant.

Not exact matches

The culture of consumerism and the chase for material symbols of wealth and security have sometimes come to be dominant; the pursuit of spiritual fulfillment in many has slowly begun to degenerate into empty and sterile ritualism; the legitimate thirst for education has often become perverted into an obsessive drive to acquire with the greatest speed the formal diplomas necessary to gain entry to jobs offering the easiest opportunities to make the quickest rupees; political statesmanship in some areas has begun to depreciate into an opportunities race for power and position; the spirit of SEVA (Service) to the nation has intermittently begun to be suffocated in many, by the abuse of discretions, sometimes mediated by a bloated bureaucracy itself enmeshed in a vast network of multiplying paper and self - proliferating regulations; menacingly many good and decent people even in public life, have come to be corroded by a culture of demanding corruption; and some potentially creative lawyers, have begun to take perverted pride in mere «cleverness», rendering themselves vulnerable to the prejudice that they are a parasitic obstruction in the pursuit of substantive justice.

Its decision not to investigate claims Fonterra was abusing its dominant position to keep prices artificially high, followed a similar «no worries» verdict delivered recently by the Australian Consumer and Competition over pricing practices of mega-retailer Coles.

The directive's aim is to make it easier for consumers and businesses to claim for loss caused by cartel and concerted practices or abuse of dominant market place positions.

«It's an abuse of dominance allegation... being that TREB has a dominant position in [Multiple Listing Service] based real estate, and that it abused that dominant position by restrictions that it put on access to MLS data,» says Donald Houston, partner at McCarthy Tétrault LLP in Toronto.

Such an infringement may thus be established where the State measures at issue affect the structure of the market by creating unequal conditions of competition between companies, by allowing the public undertaking -LSB-...] to maintain (for example by hindering new entrants to the market), strengthen or extend its dominant position over another market, thereby restricting competition, without it being necessary to prove the existence of actual abuse.

Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.

In Case C - 170 / 13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment of the 5th Chamber, CJEU, 16 July 2015) the CJEU was asked to rule for the first time on whether seeking an injunction and other associated remedies by the owner of a Standard Essential Patent (SEP) against a company in breach of the patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102 TFEU).

That was the main argument made by France Télécom and Orange Caraïbe when they appealed against a decision of the French competition authority which had fined them for abusing their dominant positions.

On 29 September 2004 the Danish competition authority decided that Post Danmark had abused its dominant position by (amongst others) targeting the three customers of FK with very low prices (so - called predatory pricing).

The question therefore arises as to the extent to which an abuse, even if only potential, of the dominant position by an undertaking must be identified, that abuse having a link with the State measure.

The rule changes ushered in by the Consumer Rights Act 2015, which came into force in October 2015, should result in an increase in claims arising out of infringement of competition law (for example damages claims relating to cartels, anti-competitive agreements, or abuse of a dominant market position).

EU legal professional privilege has developed in a particular field of EU law, namely EU competition law, in the context of investigations carried out by the competent EU competition law authority, the European Commission (the Commission) into violations of the provisions of the Treaty on the Functioning of the European Union prohibiting anticompetitive agreements and abuse of a dominant position (although, in principle, the privilege could protect communications relating to other proceedings brought by the Commission in which the rights of defence arise).

Advising the British Horseracing Authority in its successful appeal against a decision by the High Court that it abused its dominant position in the supply of UK pre-race data to bookmakers.

Alex regularly advises clients on the risks of anti-competitive agreements and cartel activities and counsels dominant and non-dominant clients on the risks and opportunities presented by the rules that prohibit abuse of a dominant position.

Successfully defending Cardiff Bus against a multi-million damages action brought by the liquidator of a competitor following an OFT finding that Cardiff Bus had abused a dominant position in the Cardiff bus market.

In particular Alcon has been ordered to produce various documents to the Commissioner regarding allegations they have abused their dominant position by «Product Switching» that disrupted the «supply of Patanol for the purpose of deterring the entry of generic [in particular Apotex] versions of Patanol» (Federal Court File No.

The European Commission has informed Google of its preliminary view that the company has, in breach of EU antitrust rules, abused its dominant position by imposing restrictions on Android device manufacturers and mobile network operators.

Google and Apple are abusing their dominant mobile market position by pushing their own products and services at the expense of those developed by independent companies, several European startups including Spotify, Rocket Internet, and Deezer wrote in a letter sent to the European Commission on Thursday.

The Competition Tribunal applied Section 79 of the Competition Act and via a highly detailed and rational 170 page analysis determined that TREB violated the Act by abusing its dominant position by imposing restrictions on members which desired to operate «Virtual Office Websites» (VOWs) as a means to distribute information which was acceptable to be distributed (and being distributed) by members who do not operate VOWs.

That «agreement» in and of itself is a form of «abuse of dominant position» in an economic sense, formulated and initiated at the outset by CREA to let underlings in, but not let them out.

It appears that now that times have changed, that CREA feels that the «dominant position» scenario and alleged abuse thereof will be judged in a different light, by a court of law if need be, due to the recent relative birth of alternative models now at play, in addition to those continuing to come onto the scene across Canada.