Competition Law and Electronic Comunications . Dominance and significant market power 12 January 2006 Brussels. Overview . 1) Dominance under the Regulatory Framework (“signficant market power”) background criteria practical difficulties 2) Dominance in antitrust cases
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Dominance and significant market power12 January 2006Brussels
« An undertaking shall be deemed to have significant market power if, either individually or jointly with others, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers »
« An analysis of effective competition should include an analysis as to whether the market is prospectively competitive and thus whether any lack of effective competition is desirable »
[Guidelines, para. 20]
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(1) market characteristics
(2) is tacit co-ordination sustainable?
(e.g. LLU regulation and price squeeze cases – Deutsche Telecom)
(upcoming review of the Recommendation).
For more information