Abuse of dominance

Area of expertise

Companies that have a dominant market position have a responsibility to refrain from abusing it. They cannot use their market power to monopolise the market or prevent their competitors from entering the market or expanding their businesses. Also prohibited are imposing unfair (including excessively high) prices and onerous contractual terms on business partners and consumers.

The Competition Authority has imposed considerable fines on companies that abuse their dominant positions.

Experience

Hansberry Tomkiel advises companies that have significant market power on how to pursue business strategies without breaking the law.

For businesses harmed by the unfair actions of companies with market power, the Firm drafts complaints to the OCCP of suspected breaches of the Competition Act and presents arguments in support of an abuse of dominance complaint.

If the Competition Authority has already brought charges (if investigatory proceedings have been opened), we work closely with our client to identify facts and arguments to defend the charged conduct. We present a convincing case to the Competition Authority, working hand in hand with specialised teams of antitrust economists and industry experts.

Our recent experience includes representation of clients in the markets of pay TV, internet and telecommunications services, manufacture and sale of chemical products, railway infrastructure, and the utilities sector in which municipalities were alleged to have abused their dominance to the detriment of private companies.

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