Monopoly and dominant position

The mere presence of “monopoly/dominant position” of an undertaking or an economic group of undertakings does not constitute abuse in terms with competition rules. However, unilateral behaviour of such an undertaking or the adoption of common policy of such an economic group of entities can amount to anticompetitive effects on the market.

Delchev & Partners can advice you with regard to:

Monopoly and dominance

  • Monopoly
  • Single dominance and collective dominance

Monopoly and dominance

  • Exploiting customers and suppliers by excessively high prices or price discrimination
  • Exclusionary abuses like predatory pricing, single branding, rebates, tying, bundling, refusal to supply, aftermarkets, etc.

Possible defense

An undertaking with monopoly/dominant position may sometimes objectively justify its behaviour or demonstrate that the positive effects outweigh the negative effects on competition with regard to objective necessity defence, meeting competition or efficiency defence.