Dominance & Unilateral Conduct
We have significant experience advising on abuse of dominance investigations. We have acted both for companies with leading market positions under investigation and complainants adversely affected by anti-competitive behaviour.
This includes before the European Commission (EC), the UK Competition & Markets Authority (CMA) and several national competition authorities, in some cases acting alongside local counsel.
The EC has set the priority of eliminating anti-competitive behaviour to protect innovation and consumer choice and ensure equal opportunities to compete and reap the benefits of internet and digital technologies.
The CMA’s draft Annual Plan 2018/19 also demonstrates a renewed focus on enforcement against abusive practices by dominant companies, most notably in the online and digital markets sector.
The recent approach by both enforcement agencies is evidenced by the number of investigations currently being conducted, including a string of recent record fines imposed on tech companies, including for abusive behaviour.
Featured Experience:
- Slovak Telekom in relation to EC investigation into refusal to supply and margin squeeze conduct, as well as subsequent litigation at the EU General Court.
- Various complainants in EC investigations against Google.
- Microsoft in relation to the EC investigation into the tying of Internet Explorer with Windows.
- Huawei in the EU Court of Justice Huawei v. ZTE preliminary ruling concerning Article 102 TFEU and SEP licensing.
- BidonThis as a third-party complainant resulting in the CMA’s investigation into ATG Media’s suspected abuse of dominance in the supply of auction services in the UK.
- NHBC in relation to the CMA’s investigation into structural warranty service undertakings for new homes.