Sentences with phrase «abuse of dominant position»

She regularly defends clients before the French and European authorities and courts, particularly in cases of abuse of dominant position.

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

an online shopping search engine in its claim against a dominant search engine, seeking damages in respect of alleged abuses of a dominant position in relation to online searches and search advertising, contrary to Article 102 TFEU

Acting for Premaitha Health plc, a pre-natal testing provider, in its claim against a manufacturer of DNA - sequencing platforms alleging abuse of a dominant position by refusal to licence intellectual property, tying and other discriminatory pricing and non-pricing practices (with Daniel Beard QC)(ongoing)

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.

The applicants issued proceedings claiming abuse of a dominant position and applied for an interim injunction, arguing that removal of Google's services would almost certainly be fatal to their relationship with Tesco Mobile, and that it would not be possible to replace that major part of their revenue stream due to the respondents» strong position in respect of advertising.

PROOF OF DAMAGES SUFFERED The New Law provides for a rebuttable presumption that cartel infringements, unlike abuses of a dominant position, always cause harm.

I guess we'll just never find out what could have evolved (competitively speaking of course) between Melanie and me on the floor, in the upright, non abuse of dominant position, of course.

In a grand chamber judgment in case C ‑ 209 / 10, Post Danmark, the European Court of Justice (ECJ) handed down a preliminary ruling on the interpretation of abuse of a dominant position (Art. 102 TFEU).

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.

Legal experts, speaking on a not - for - attribution basis because precise measures have not been announced, said one possibility is the government might change the Competition Act to say that «abuse of a dominant position» would include «exploitative pricing» or, in effect, charging too much.

The OFT alleges that these involved substantial payments from GSK to keep the generic versions off the market, and that GSK's conduct amounted to an abuse of its dominant position in the market.

Civil damages claims based on monopoly, abuse of dominant position or allegations of unlawful collective action

An undertaking such as Intel could opt to challenge the Commission's 1 billion Euro fine for its abuse of a dominant position on the microprocessors market, because it considers the Commission to have violated the principle of presumption of innocence and therefore a breach of due process under the «fair and equitable treatment» standard.

Representing Dwr Cyrmu Welsh Water before the Competition Appeal Tribunal and the Court of Appeal in relation to complaints of an abuse of a dominant position.

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).

EFIM considered that behaviour to foreclose the market for ink cartridges and therefore an abuse of a dominant position, which is prohibited under Art. 102 TFEU.

In 2009, in a case concerning the market for mobile telecom on the French Indian Ocean islands of la Réunion and Mayotte, the French competition authority imposed interim measures on a subsidiary of the French telecom operator SFR because of (alleged) abuse of a dominant position; I use the word «alleged», since the final decision is not given yet (cf. a second interim decision of 24 January 2012, par.

The judgment provides important criteria of analysis with regard to the constituent elements of an abuse of a dominant position by discrimination, under the regime of Article 102 (c) of the Treaty on the Functioning of the European Union (TFEU) and advances the proposition that such conduct is not subject to a per se prohibition rule.

Lars» antitrust expertise includes cartel investigations, merger control proceedings, joint ventures, cases of abuse of a dominant position and matters of antitrust compliance.

His experience covers all fields of EU law, including cartels, abuse of dominant position and state aids, EU sanctions and IP.

Reviewable matters include mergers and restrictive trade practices, such as refusal to deal, resale price maintenance, exclusive dealing, tied selling, market restriction and abuse of dominant position.

The fee for a written opinion request relating to provisions of the Competition Act dealing with conspiracy, bid - rigging, abuse of dominant position, or the new civil review provision relating to non-criminal competitor agreements, is $ 15,000 plus HST.

In the field of competition law, Jean - François Bellis has advised international clients in numerous cases at EU and national level involving a broad range of antitrust issues, including cartels, abuses of a dominant position, mergers, distribution and licensing.

For those active in the sector who may have similar concerns, such as the potential abuse of a dominant position, or who may be thinking of making an acquisition in the sector, we now have a better idea of the CMA's framework of analysis and likely market definition.

At the time of leaving Herbert Smith in 2005, she was a senior associate in their EU, Competition and Regulation department where she advised commercial clients on all aspects of EU and UK competition law with a particular emphasis on competition litigation before the Competition Appeal Tribunal, private enforcement actions for damages and regulatory investigations by the UK and EU authorities into cartels (including leniency applications) and abuse of dominant position.

Dimitrov, Petrov & Co. is reporting that on May 16, 2017, Bulgaria's Commission for Protection of Competition issued a decision stating that firm client Sofia Airport's conduct in the ground handling services market can not be defined as an abuse of dominant position.

The Competition Tribunal can consider much broader types of conduct like an abuse of dominant position (and is not limited to criminal conduct as a patent infringer would be in patent litigation between private parties).

According to section 79 of the Competition Act, the «abuse of dominant position» violation is open - ended in its definition (although some examples are provided at section 78):

«With respect to abuse of dominant position, Tribunal erring as to test applicable under s. 79 (1)(c)-- Tribunal conducted analysis from narrow, absolute perspective of whether program prevented entry, competition when should have addressed whether competitiveness substantially lessened in presence of program..»

Therefore, Ms Aitken used the commissioner's new found power in a most abusive manner, in a manner mirroring «abuse of dominant position» if you will, due to her actions and application of the AMPs being unconstitutional.

The bureau alleges that CREA's MLS rules amount to «abuse of dominant position» in the market — contrary to section 79 of Canada's Competition Act — and filed an application with the Competition Tribunal to hold a court hearing into this allegation.

I'm back in the kiosk again, scrolling through our terrible «abuse of dominant position» CREA, M.L.S. site, when what do I find?

Therefore, the bureau, by «alleging» that CREA's MLS rules amount to «abuse of dominant position» is really saying that CREA is / has «putting / put to a wrong or bad use» a «most conspicuous exercising authority» of a «position / place occupied by a... thing» (MLS rules)... Says they, on whose behalf... the disaffected competitors... the public interest... or the bureau's interests?