What is exploitative abuse?

Exploitative abuses can be defined as. attempts by a dominant undertaking to use the opportunities provided by. its market strength in order to harm customers directly.6 The main objec- tion to an undertaking with dominant market power is its ability to exploit.

What constitutes abuse of dominance under the competition law?

Abuse of a dominant position occurs when a dominant firm in a market, or a dominant group of firms, engages in conduct that is intended to eliminate or discipline a competitor or to deter future entry by new competitors, with the result that competition is prevented or lessened substantially.

What are the basic rules in the EU competition policy?

Article 101(1) prohibits, “All agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between member states and which have as their object or effect the prevention, restriction or distortion of competition within the common market.”

What are the key principles that form the basis of most competition laws?

Principle. Competition law, or antitrust law, has three main elements: prohibiting agreements or practices that restrict free trading and competition between business. This includes in particular the repression of free trade caused by cartels.

What are examples of exploitation?

Types of Exploitation

  • Sexual Exploitation. This is when someone is deceived, coerced or forced to take part in sexual activity.
  • Labour Exploitation.
  • Domestic Servitude.
  • Forced Marriage.
  • Forced Criminality.
  • Organ harvesting.

What are the indicators of exploitation?

Signs of grooming and child sexual exploitation

  • going missing for periods of time or regularly returning home late.
  • skipping school or being disruptive in class.
  • appearing with unexplained gifts or possessions that can’t be accounted for.
  • experiencing health problems that may indicate a sexually transmitted infection.

What constitutes abuse of dominance and what are the various conditions laid down in Competition Act 2002 to abolish it?

ABUSE OF DOMINANT POSITION (under Section 4 Competition Act, 2002) An enterprise in dominant position performs any of the following acts: directly or indirectly, imposes unfair or discriminatory practices. limits or restricts production of goods or provision of any services in any form.

How do you determine the dominant position of abuse?

Factors to determine the dominant position

  1. a market share.
  2. the size and assets of the undertaking.
  3. size and significance of contenders or competitors.
  4. the financial intensity of the undertaking.
  5. a vertical combination or integration.
  6. a reliance on customers on the undertaking or undertaking.

What does EU competition law prohibit?

Background. Article 102 of the TFEU prohibits the abuse of a dominant position by one or more undertakings having a dominant position in a particular market within the EU, or in a substantial part of it, insofar as it may affect trade between EU Member States.

Which are the main objective of the competition law in the European Union?

The main objective of the EU competition rules is to enable the proper functioning of the EU’s internal market as a key driver for the well-being of EU citizens, businesses and society as a whole.

What are the consequences of breaching competition law?

Businesses that are found to have breached competition law can be fined up to 10 per cent of their annual worldwide turnover and ordered to change their behaviour. Individuals who engage in cartel activity can be prosecuted and sentenced to up to five years in prison and/or a fine.