What is abuse of dominance?
• Operate independently of competitive forces prevailing in the relevant market; or • Affect its competitors or consumers or the relevant market in its favour. However, dominance per se is not considered bad by the statute. It’s the abuse of this position of dominance that is prohibited. That statute lays down an exhaustive list of actions which will be considered to be abuse of dominance. These are: • Imposing unfair or discriminatory condition or price in purchase or sale of goods or services; or • Limiting or restricting: • production of goods or provision of services or market therefore; • technical or scientific development relating to goods or services to the prejudice of consumers. • Indulging in practices which amount to denial of market access. • Making unrelated supplementary obligations a condition precedent for entering into a contract. • Using the dominant position in one relevant market to enter into or protect its position in another relevant market. What are combination
