Dominant Position in UK Law

Leading Cases
  • Edgar v Edgar
    • Court of Appeal (Civil Division)
    • 23 Julio 1980

    Important too is the general proposition that, formal agreements, properly and fairly arrived at with competent legal advice, should not be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding the parties to the terms of their agreement.

  • Re T (an Adult) (Consent to Medical Treatment)
    • Court of Appeal (Civil Division)
    • 30 Julio 1992

    In this case Miss T. had been during her childhood subjected to the religious beliefs of her mother and in her weakened medical condition, in pain, and under the influence of the drugs administered to assist her, the pressure from her mother was likely to have a considerably enhanced effect.

  • 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.

  • Unwired Planet International Ltd v Huawei Technologies Company Ltd and Another Unwired Planet LLC (Tenth Party)
    • Chancery Division (Patents Court)
    • 05 Abril 2017

    Standing back, the question I have to decide is whether Unwired Planet is in a dominant position in the relevant market. The relevant market is a market for licences under the SEPs. It is a market in which the SEP owner has 100% market share. The market is covered by the FRAND undertaking which does weaken the SEP owner's position. It is a market in which licensees can engage in holding out and there is some evidence that they do, particularly given the relative weakness of Unwired Planet.

  • Radmacher (formerly Granatino) v Granatino
    • Supreme Court
    • 20 Octubre 2010

    Even if the agreement does not have contractual force, those factors will negate any effect the agreement might otherwise have. But unconscionable conduct such as undue pressure (falling short of duress) will also be likely to eliminate the weight to be attached to the agreement, and other unworthy conduct, such as exploitation of a dominant position to secure an unfair advantage, would reduce or eliminate it.

  • Camm v Camm
    • Court of Appeal (Civil Division)
    • 07 Diciembre 1982

    The unfortunate fact in this case was that the hearing below was occupied to a considerable extent in questioning the wife's solicitor, who is himself the defendant in a pending action for negligence which may or may not be proceeded with. That is to say, it is not necessarily negligent advice to take a course or permit a client to take a course which a more experienced, or a stronger minded legal adviser would have discouraged.

  • 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.

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Legislation
  • The Competition (Amendment etc.) (EU Exit) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ... ... into an agreement, decision, concerted practice or abuse of a dominant position under Regulation 1/2003 in accordance with article 92 of the EU ... ...
  • Competition Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... 41An Act to make provision about competition and the abuse of a dominant position in the market; to confer powers in relation to investigations ... ...
  • The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... 2012 establishing a single European railway area (recast) ;“dominant body or firm” means a body or firm which is active and holds a dominant position in the national railway transport services market in which the relevant ... ...
  • Scotland Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... rights ... ,(e) it would remove the Lord Advocate from his position as head of the systems of criminal prosecution and investigation of deaths ... Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.ExceptionRegulation of particular ... ...
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Books & Journal Articles
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Law Firm Commentaries
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