Abuse of a situation arising from a dominant or monopolistic position in a market or market segment

A dominant position is a prerequisite for the abuse of dominant position.

The dominant market position of large retailers has been strengthened through cross border buying alliances among nominally independent retailers.

Steinhoff is dominant in the neighbouring South African market and might abuse that position dominance in the Zimbabwean market by undercutting prices or becoming a price leader.

However, the difficulty lies in determining a dominant position itself, since an enterprise which does not enjoy a dominant position in the market or is not in a monopoly situation, for example, lacks the means to avoid effective competition as alternative solutions are available to customers in the same market.

A case in point may be that firms should refrain from abusing any dominant market position that an investment arrangement might offer.

Identifying a dominant position involves assessing the shape of the market for products and services in which the enterprise may occupy a position which enables it to direct the market in keeping with its own economic policy.

If so, there can be no dominant position.

Consequently, the fundamental issue is that of thorough familiarity with the market which is suffering from domination, and identification of the dominant position itself.

Generally it is a combination of such criteria which provides grounds for claiming that an enterprise occupies a dominant position in a given market.

The factor that could limit the dominant market position of retailers is the increasing reliance on e commerce and the shift in power to consumers.

The main threat to America's dominant position comes not from outside, but from within. If Americans fail to recognize that they may be wrong, they risk undermining the country's dominant position.

An enterprise or group of enterprises exercise market power when its or their activities occupy a dominant position in the domestic market or a substantial part of it which is characterized by a monopoly or a manifest concentration of economic power.

The criteria which define a dominant position and actions constituting abuses are defined in regulations.

Some experts expressed concern over the dominant presence of international certifiers in their domestic market.

However, it should not be forgotten that ordinance No. 95 06 of 25 January 1995 on competition prohibits not dominant position but the abuse of a dominant position as reflected in the types of behaviour listed in article 7, constituting obstacles to free competition.

The majority of developing and least developed countries have concerns about the distribution of their own products, given the dominant position of foreign content providers, which in South Africa, for example, account for 98 per cent of the market.

A dominant position is not reprehensible in itself only abuses resulting from such domination are prohibited under article 8 of the Act.

Following the investigations, the Solibra company, which has a dominant position in the sector, was found to have breached article 8 by

Position in the employment market of persons aged 15 64, by origin

In the United Kingdom, for instance, despite privatization and deregulation in the express coach market, one of the two original public sector companies was able to retain its dominant position because of such advantages but action was eventually taken to break it up into regional companies.

The dominant perspective on development at the time of the Summit focused on the virtues of the market in guiding the course of development.

They're the dominant builders and to a large extent, the dominant designers.

The merged company would have had a very strong position in the drilling equipment market.

Two truths are dominant.

This outcome does not reflect a deliberate plan, but rather a series of policy mistakes. Germany did not seek to occupy a dominant position in Europe, and it is reluctant to accept the obligations and liabilities that such a position entails.

The size of market share, expressed in terms of turnover or sales volume, measuring the enterprise s position in the market in question as compared with competitors.

Articles 3 to 6 of Act No. LXXXVII of 1990 on Price Setting (the Price Act ) empowers the Government to create a system of prior notifications of price increase for products the manufacturers of which are in a dominant position, assessed under the criteria of the Competition Act, on the relevant market.

A strong relation should be noted between women's role, education, occupation and position in the labour market.

Developing countries were the dominant host.

The main concerns that developing countries usually have regarding the liberalization of the retail sector and the establishment of large foreign firms in their territory are the abuse of dominant position, both acquiring market power and using buyer's power through predatory pricing, and the displacement of small and medium sized suppliers of products and local retail stores.

It may, however, be noted that the EU South Africa agreement provides for substantive competition standards somewhat different from those prevailing under EU law by adopting a a substantial lessening of competition test in respect of controls on horizontal and vertical practices and by requiring controls on abuse of market power rather than abuse of a dominant position.

The public sector remains the dominant employer.

In particular, provide greater detail, including on any programmes to enhance women's position in the formal labour market (p. 53).

Market dominant banks still extract hefty fees on debit and credit card transactions from merchants, who are forced to pay a multiple of what a truly competitive market would bear. These are, quite simply, taxes, with the revenues enriching private coffers rather than serving public purposes.

Panamco Tica as a dominant player in the Costa Rica market was also able to restrict interbrand competition by entering into exclusive contracts with retailers concerning the cold storage facility provided to them.

Agreements or dominant positions may also be involved.

Under MERCOSUR, member States undertake to adopt, for the purpose of their incorporation into MERCOSUR regulations, proscriptions of individual conduct or concerted agreements impeding, restricting or distorting competition or free access to markets or abusing a dominant position in a relevant regional market within MERCOSUR and affecting trade between its member States a detailed list of the practices to be proscribed is provided.

However, in all political spheres, men are still dominant.

Fuel combustion is the dominant source of CO2 emissions.

And I will now, here, onstage, try to predict when that will happen that Asia will regain its dominant position as the leading part of the world, as it used to be, over thousands of years.

BRUSSELS Without anyone quite noticing, Europe s internal balance of power has been shifting. Germany s dominant position, which has seemed absolute since the 2008 financial crisis, is gradually weakening with far reaching implications for the European Union.

Experts emphasized that smaller tourism providers are better off cooperating as opposed to competing to achieve a stronger position in the tourism market.

On the other hand, a leading United States biscuit manufacturer allegedly found it difficult to enter the market because of exclusive distribution clauses between a dominant domestic manufacturer and major retailers, and had to enter into licensing and joint marketing arrangements with the dominant firm. See Shyam Khemani, Interface between competition and trade policies , International Business Lawyer (1995), vol. 23, p. 481.

This is what's becoming the dominant form of electronic gaming.