Competition Law & Abuse of Dominance - All Boxed Up

Introduction

Both UK and EU competition law prohibit businesses with market power from unfairly exploiting their strong market positions. However, whist holding a dominant position on any given market is not in itself illegal a dominant company has a special responsibility to ensure that its conduct does not distort competition. It is only the abuse of that position that is prohibited.

This 6 part modular webinar will cover all you need to know about litigating abuse of dominance cases in competition law from prohibitions to consequences.

What You Will Learn

This modular webinar series will cover the following:

Module 1 - Prohibition on Abuse of Dominance

• Key elements of the prohibition on abuse of dominance
• Application to ‘undertakings’
• Application to unilateral conduct
• The concept of abuse
• ‘Substantial part of the internal market’

Module 2 - How a Dominant Position is Determined

• Explaining the concept of ‘dominance’
• Determining a dominant position
• Market definition and measuring market power
• Actual and potential competitors
• Degree of market power and ‘super dominance’

Module 3 - Definition of Abuse - General Principles

• Abuse: nature of abuse
• Special responsibility of dominant firms
• Evolution of Article 102 and abuses
• Definition of abuse in case law

Module 4 - Abusive Conduct - Pricing Practices

• Predatory pricing and margin squeeze
• Price discrimination
• Bundling and rebates
• Excessive prices

Module 5 - Abusive Conduct - Non-Pricing Practices

• Tying
• Refusal to supply
• Exclusive dealing arrangement
• Self-preferencing

Module 6 - Consequences of Infringement

• Investigation of abuse cases
• Defences
• Burden and standard of proof
• Fines and remedies in key cases
• Private enforcement and damages actions in abuse cases

This webinar was recorded on 20th July 2023