Abuse of dominance

Abuse of a dominant position is prohibited by Article 102 TFEU. The frequent adoption of narrow market definitions and low thresholds for establishing dominance in Europe make compliance with Article 102 a concern for many companies that would not qualify as traditional “monopolists”. There is also substantial uncertainty with respect to the types of conduct that, when adopted by dominant firms, can amount to a violation of Article 102. To give but one example, the much criticised and often inconsistently applied rules in respect of discount and rebate practices present many a pitfall for the unwary allegedly dominant firm. Companies at risk of being found to be dominant therefore need careful counsel to avoid infringing Article 102 as construed by the European Commission and the EU Courts.

Van Bael & Bellis has a long history of representing clients accused of abusing a dominant market position, especially before the European Commission and the EU Courts. Our lawyers have been actively involved in many of the landmark EU cases in the field, such as United Brands (price discrimination, excessive pricing and refusal to supply), Michelin I and II (discount practices), Akzo (predatory pricing) and Microsoft (tying and refusal to license). Among other areas, the firm has developed considerable expertise in pricing abuses and the interface between intellectual property law and Article 102 TFEU.