Abuse of Dominance

Expertise

ASSESS MARKET POWER

Our analysis is put forward in a clear, constructive and convincing manner, both verbally and in writing.

Economics plays an increasingly important role in the assessment of abuse of dominance cases, particularly in analysing competitive effects and identifying theories of competitive harm.

We help both respondents and complainants to build the strongest possible case, firmly grounded on advanced economics theory and compelling empirical evidence.

We have provided advice, expert reports and opinions in a range of abuse of dominance cases in many leading cases before the Cyprus competition authority. We have also testified in abuse of dominance litigation and recourse proceedings.

We can help
  • Delineate relevant market (e.g., SSNIP test, Critical Loss Analysis)
  • Understand how competition operates in a given market
  • Assess market power (unilateral and joint dominance)
  • Assess business conduct (e.g., excessive pricing, refusal to deal, predatory pricing, margin squeeze, bundling and tying, rebates)
  • Distinguish procompetitive conduct from exploitative and exclusionary abuses
  • Conduct cost and profitability analysis
  • Identify and analyse theories of harm
  • Analyse efficiencies and explore objective justifications
  • Quantify consumers damage
  • Reply to questionnaires and information requests by the competition authority
  • Prepare rebuttal expert reports
  • Access the file in the course of the administrative procedure
  • Access confidential documents in data rooms and prepare data room reports
  • Make recommendations and analyse remedies and commitments to eliminate competition concerns
  • Assess mitigating and aggravating circumstances to be considered in setting the fine
  • Monitor and ensure compliance with the conditions and obligations attached to commitment decisions
  • Provide evidential and analytical support in the context of appeals against abuse of dominance infringement decisions

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