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 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).
When she realized that I didn't like her stance, she then accused
me of abuse of dominant position, and told me to «Take off, eh», or she would would drag me before the Tribunal, charged with «Not complying with government approved competitive positions»
Not exact matches
Regulators around the world are fining or investigating Qualcomm, supporting elements
of Apple's claims in a lawsuit alleging Qualcomm
abuses its
dominant position in mobile chips.
Apple argues that Qualcomm has
abused its
dominant position for mobile communications chips to charge excessive royalties, with the rates calculated based on the overall value
of a phone, not just the price
of the communications components.
The association said that Amazon and Audible were
abusing their
dominant market
position to force publishers to accept «unreasonable conditions» for the marketing
of audio books.
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 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.
«AT&T has been
abusing its
position as a
dominant buyer
of the Lower 700 MHz wireless devices,» C Spire's Graham said in a telephone interview.
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.
The Commission will investigate whether such clauses may limit competition between different e-book distributors and may reduce choice for consumers.If confirmed, such behaviour could violate EU antitrust rules that prohibit
abuses of a
dominant market
position and restrictive business practices.The opening
of proceedings does not prejudge in any way the outcome
of the investigation.
The Commission has concerns that certain clauses included in Amazon's contracts with publishers concerning such e-books could constitute a breach
of EU antitrust rules that prohibit the
abuse of a
dominant market
position and restrictive business practices.
In a statement, the association said that Amazon and Audible were
abusing their
dominant market
position to force publishers to accept «unreasonable conditions» for the marketing
of audiobooks, according to Reuters.
In turn, this would reduce choice for consumers and would constitute an
abuse of a
dominant market
position and restrictive business practices.
The association said in a statement that Amazon and Audible were
abusing their
dominant market
position to force publishers to accept «unreasonable conditions» for the marketing
of audio books.
D&I assisted Eurocash Oy, an independent ATM operator, which submitted a complaint to the Finnish Competition Authority relating to alleged
abuse of joint
dominant position of Automatia Pankkiautomaatit Oy and certain Finnish banks which own Automatia.
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.
What is interesting about this quote is the presence
of the word «
dominant position'together with the absence
of the word «
abuse».
Article 82 prohibits
abuse of a
dominant position by an undertaking (s) that may affect trade between member states.
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.
If the proposals are considered to be an «
abuse»
of this
dominant position, they may fall foul
of Art 82 as well.
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).
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.
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.
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.
Not surprisingly, this leads to conflicts between those independents and manufacturers
of appliances, because
of the intellectual property rights over the machinery and consumables (e.g. generic producers offering coffee pads compatible with Nespresso [1]-- and Senseo [2]- coffee machines and contesting the IP - rights in question, or — in the alternative — claiming that the refusal to license the IP - right is an
abuse of a
dominant position [3]-RRB- and associated litigation (e.g. the Toshiba / Katun - case over advertisement
of generic consumables which referred to the brand
of the machinery).
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.
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.
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).
The legislation prohibits anti-competitive agreements and practices and the
abuse of dominant market
positions.
The commission yesterday accused the search engine
of abusing its
dominant position in internet search to steer European consumers to its own in - house shopping service.
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.
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).
[12] The bill would allow the Tribunal to impose fines, or «administrative monetary penalties» (AMP)
of up to $ 15 million against a «telecommunications service provider» found to have
abused its
dominant position under the Competition Act.
article keywords: Competition law; Competition Bureau; Administrative monetary penalties; Constitutional law;
Abuse of dominant position; telecommunications; predatory pricing; refusal to deal; targeted pricing
Industry Minister Bernier has introduced legislation to provide for fines
of up to $ 15 million against a telecommunications service provider found to have
abused its
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.
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.
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.
Shortly after FTC v Actavis, the European Commission («EC») concluded its 2010 competition inquiry into Lundbeck's activities relating to restrictive business practices and
abuse of 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.
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):