Element 2: Dominance - Stage 2 - Is the undertaking dominant in the relevant market factually? - Market Share
3 important questions on Element 2: Dominance - Stage 2 - Is the undertaking dominant in the relevant market factually? - Market Share
Europembellage Corp and Continental Can Corp Inc (case 6/72)
SLW, owned by CCIC, held a 70 - 80% share in the RPM in Germany.
United Brands Co v Commission
The Commission suggested that an undertaking's behaviour can in itself provide evidence of dominance. In this case, the firm's discriminatory rebate system was taken as an sign of independence.
Eurofix & Bauco v Hilti
The Commission regarded Hilti's discriminatory treatment of its customers as 'witness to its ability to act independently and without due regard to other competitors or customers'.
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