Abuse of dominance and economic dependence

Companies with a dominant position in a market (segment) must carefully analyse their commercial practices to avoid potential competition law violations. Risk areas include rebates, refusals to supply, tying practices, price discrimination, and excessive or predatory pricing. Our EU & Competition team helps clients identify these risks in commercial strategies and advises clients with tailored mitigation strategies.

Competition authorities increasingly zoom in on practices where a dominant position in one market is leveraged to gain an unfair advantage or strengthen a position in another (related) market. Our practice provides in-depth advice to help alleviate competition law risks in this respect.

Our team represents clients in interactions with competition authorities, courts, and private parties, whether in formal or informal proceedings, lodging complaints, pursuing private damages claims, or, more generally, managing a wide variety of competition litigation. We work closely with clients to develop customised legal strategies aligned with their needs and commercial objectives.

Beyond prohibiting abusive dominance, Belgium and other EU jurisdictions also prohibit abuses of economic dependence. Our attorneys advise clients in handling private claims and regulatory investigations relating to economic dependence.