Evidentiary Issues in Proving Dominance

Different jurisdictions use different definitions and tests to identify firms that are subject to single firm conduct provisions. Overall, competition regimes are converging toward the notion that single firm conduct provisions should be applied only to firms that have “substantial market power”. The OECD Competition Committee debated issues related to proving dominance/market power in June 2006. This document includes an executive summary and the documents from the meeting: an analytical note by Mr. Andreas Reindl for the OECD and written submissions from Canada, Chinese Taipei, the Czech Republic, Denmark, the European Commission, Hungary, Ireland, Japan, Korea, Lithuania, Mexico, the Netherlands, Poland, Romania, the Russian Federation, Switzerland, Turkey, the United Kingdom, the United States as well as an aide memoire of the discussion.