es a clear picture in respect to positioning in the market. Clearly, the narrower the definition of the relevant market, the greater the importance of an undertakings share of that market. Once one has defined the relevant market, one must determine whether the questioned undertaking has a dominant position in that market. In general, an undertaking has a dominant position if it can act on the market independently from its competitors. Thus, if a seller can ask any price for a product, even though its competitors are selling a similar product for much less, it is likely that the seller in question has a dominant position. The market share is a very important element. In general, a large market share will warrant a finding of a dominant position. However, the Court will normally not limit its inquiry to determine the market share, but will examine other relevant circumstances, such as the size and economic might of the competitors. A large market share does therefore not necessarily imply a dominant position.Another important concept for defining the relevant market is that of interchangeability. If two products are reasonably interchangeable, i.e. if the buyer is likely to choose between two products on the basis of their respective price and quality, the two products are probably going to be considered to be part of the same market. If, on the other hand, the buyer is unlikely to choose one product over another one, notwithstanding more advantageous price and/or quality terms, the two products will not be considered to be in the same market. The competition act also provides a list of certain examples describing abuse of a dominant position (section 9). This list, not restrictive, includes the following: imposing unfair prices or other unfair trading conditions; limiting production, markets or technical development; discriminating between trading partners; and imposing tying arrangements. 1. PricingPricing can amount to an a...
