Dominance 2021

 How is dominance defined in the legislation and case law?  What elements are taken into account when assessing  dominance? 

The FCCPA defines dominance in section 70(2) as a market situation where an undertaking enjoys a position of economic strength enabling it to prevent effective competition being maintained on the relevant market and having the power to behave to an appreciable extent independently of its competitors, customers and ultimately consumers. To  date, no case law exists on how dominance may be defined or assessed. In assessing dominance, pursuant to section 72(3) of the FCCPA.

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