Abuse of Dominant Position in UK Law

Leading Cases
  • BHB Enterprises Plc v Victor Chandler (International) Ltd
    • Chancery Division
    • 27 Mayo 2005

    It is important to notice that it is the imposition of unfair prices, not high prices, which can constitute an abuse. All that is said is that the rates are fixed at 10% of the bookmaker's gross profit or 1.5% of the bookmaker's turnover, that the cost of preparing the Pre-Race Data is approximately £4 million per year and that BHB's total income from data licensing was stated in 2002 to be expected to amount to £600 million over 5 years, that is to say, about £120 million each year.

  • Packet Media Ltd v Telefonica Uk Ltd
    • Chancery Division
    • 20 Julio 2015

    During the course of his submissions, Mr. Segan sought to identify other possible relevant markets. One was the market restricted to MNOs who permitted Gateways on their network. The first objection to that analysis is that it was not then pleaded.

    I have to bear in mind, when considering whether I should have regard to the proposed amended particulars of claim, the overriding objective of enabling the court to deal with cases justly and at proportionate cost. That overriding objective includes, so far as is practicable, ensuring that the parties are on an equal footing, amongst other things.

    It would be undesirable for me to refuse interim injunctive relief, if PML is otherwise entitled to it, simply on the footing that this point has been raised at such a late stage, particularly since it has been addressed in argument, albeit on the evidence presently before the court (which is not directly addressing this issue of alleged abuse of dominant position in the call origination market).

  • Garden Cottage Foods Ltd v Milk Marketing Board
    • House of Lords
    • 23 Junio 1983

    A breach of the duty imposed by Article 86 not to abuse a dominant position in the common market or in a substantial part of it, can thus be categorised in English law as a breach of a statutory duty that is imposed not only for the purpose of promoting the general economic prosperity of the common market but also for the benefit of private individuals to whom loss or damage is caused by a breach of that duty.

    What, with great respect to those who think otherwise, I do regard as quite unarguable is the proposition, advanced by the Court of Appeal itself but disclaimed by both parties to the action: that if such a contravention of Article 86 gives rise to any case of action at all, it gives rise to a cause of action for which there is no remedy in damages to compensate for loss already caused by that contravention but only a remedy by way of injunction to prevent future loss being caused.

  • Intel Corporation v Via Technologies Inc. and anp
    • Chancery Division
    • 14 Junio 2002

    Second, it is said that the refusal to grant a patent licence to VIA either at all or on lawful and/or reasonable terms is an abuse of a dominant position contrary to Article 82 and/or section 18, and Intel is not entitled to the relief sought by it in these proceedings.

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Books & Journal Articles
  • Revised Model Bill on Competition
    • Criminal Law Issues
    • Roundtable Discussions
    • Commonwealth Secretariat
    • 241-290
    Explanatory memorandum to the model bill on competition. Introduction. The draft model law. The long title. Part I. Preliminary. Clause 2. Interpretation. Clause 3. Objects. Clause 4. Application. ...
    ... ... Anti competitive agreements and abuse of dominant postion ... @@@@Clause 18 ... @@@@Clause 19. Dominant position ... 31. This clause sets out the circumstances in ... ...
  • Big Tech Companies' Unprecedented Success and the Abuse of Dominance in the EU and the US: A Comparative Analysis
    • No. 12-1, January 2022
    • Southampton Student Law Review
    • Silvia Alves Félix
    • LLB (Brunel), LLM (Soton)
    • 137-179
    Tech giants such as Google, Facebook and Amazon are known for acting in an anti-competitive manner in the EU and across the world. Even though they have been heard in court, and consequently, were ...
    ... ... TFEU provides a very wide scope of what constitutes an abuse of a dominant position, which does not offer legal certainty or clarity. In this ... ...
  • Dutch judicial entrepreneurship towards legitimizing intellectual property rights
    • No. 27-5, October 2020
    • Maastricht Journal of European and Comparative Law
    In its recent judgment in the Sisvel v. Xiaomi case, the Court of Appeal of the Hague has demonstrated how European national legal systems and judiciary therein strive to uphold legitimacy of the i...
    ... ... {@page {margin:0;}.d{display:none;}}.pf{position ... powers to economic players who could then abuse legitimate competition in society, and ... claim of infringement was an abuse of dominant position by Sisvel given Sisvel’s commitment to ... ...
  • Extra‐territorial jurisdiction of Competition Commission of India
    • No. 19-1, December 2011
    • Journal of Financial Crime
    • 112-119
    Purpose: The purpose of this paper is to find out the jurisdictional power of the Competition Commission of India (CCI) in order to entertain the combinations taking place outside India having an i...
    ... ... India or any enterpriseabusing the dominant position is outside India or a combination has ... have power to inquireinto such agreement or abuse of dominant position or combination if such ... ...
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Law Firm Commentaries
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