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Abuse of dominance

With lawyers throughout Asia, Europe and the US, Eversheds Sutherland provides your business with a seamless, one-stop legal service. Combining extensive legal experience with in-depth local and international knowledge, our lawyers are on hand to help, wherever you operate.

Understanding abuse of dominance law

Market conduct that would ordinarily pose no competition law concerns can create problems when pursued by organizations that enjoy a dominant market position. Examples include certain exclusive dealing arrangements, predatory rebate and pricing schemes. Dominant companies need to be particularly careful about the effects that these schemes may have on emerging competitors. They should also ensure that they do not adopt measures that exploit customers, such as charging excessively high prices, or other market conduct such as discriminatory pricing, which could be considered abusive.

Experienced abuse of dominance lawyers

Dominant companies need attentive advisers who can navigate the additional legal constraints to which their businesses are subject. Our experienced lawyers are well-equipped to help identify and advise you on the varying requirements that may be imposed in a wide variety of international jurisdictions.

We provide a full advisory service to both complainants and defendants. Our team regularly represents prominent clients in proceedings before national regulators and courts, as well as acting for organizations under investigation by competition authorities.

Our experience includes:

  • defining relevant markets in complex and fast-moving sectors to determine dominance. We also work with experienced economists where required
  • acting for a wide range of dominant companies in a variety of industrial sectors, achieving the best available outcomes for them
  • advising dominant companies on pricing schemes, rebate schemes, promotional activities and distribution strategies
  • assisting organizations in achieving ground-breaking early settlement agreements. This includes acting on the first settlement agreement with the Office of Fair Trading (now the Competition and Markets Authority) in an abuse of dominance case in the UK. Eversheds Sutherland also secured a similarly important case closure in an investigation by Ofwat, the UK water sector regulator
  • representing clients in court proceedings brought by competitors for alleged breaches of abuse of dominance law

Contact our abuse of dominance team

If you would like any further information or need advice on abuse of dominance matters, please contact our legal team.

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