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Abuse of dominance

Abuse of dominant position is one of the most complex areas. If the market is defined too widely then it will contain more firms and substitute products making a finding of a dominant position for one firm unlikely.

Likewise if it is defined too narrow then there will be a presumption that the defendant company will be found to be dominant. In practice, market definition belongs to economists, rather than lawyers to decide.

So, first it is necessary to determine whether a firm is dominant, or whether it behaves to an appreciable extent independently of its competitors, customers and ultimately of its consumer.

Our experts are fully prepared for cross examination under competition law and economics rules, to prove that a large market shares and strong attitude on the market do not rise automatically in an abuse of dominant position.

Vassily Kandinsky, a lawyer turned in an artist