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.

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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.

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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.

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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.