Economic dominance abuse
Having economic dominance is not prohibited. Abusing that position on the other hand, is. Abuse of dominance applies when a company harms the competitive position of another company. There are different forms of abuse. In such cases, the Netherlands Authority for Consumers and Markets (ACM) can impose a fine.
When does abuse apply?
We all know the examples given in the news, but whether abuse applies is not always clear and often difficult to prove. This is an open-ended standard. Abuse of an economic dominant position may, for example, apply when an undertaking charges excessively high and unfair or, on the contrary, low prices to drive competitors out of the market. Abuse may also apply when a company in a dominant position refuses to provide certain knowledge, products or services to customers. The ACM, as supervisory authority, can take action against companies in a position of economic dominance and impose (high) fines in doing so.
What we do
Our specialists help entrepreneurs answer the question of whether abuse of economic dominance is at issue. If your company is the victim of such abuse or, conversely, if your company is accused of such abuse, our specialists offer a helping hand.
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