Market Power: Why Conduct Matters Alongside Size

Date:

A large business can attract attention simply because of its size. Competition analysis needs a more specific account of its market position and the conduct being examined.

The focus on abuse

The Commission’s antitrust summary identifies abuse of a dominant position as the concern addressed by Article 102. Its examples include unfair prices and limits on production that harm consumers.

Describe the actual issue

For a fictional supplier, a large customer base would not by itself explain whether a particular practice was abusive. A useful explanation would identify the practice, the relevant market context and its effects.

Readers should therefore distinguish a description of business scale from an authority’s finding about conduct. Clear attribution also matters: an investigation or complaint should not be rewritten as an established infringement.

Latest news