Monopoly definition

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Dominant position under Article 102 TFEU

Article 102 TFEU prohibits undertakings which hold a dominant position within the EU or a substantial part of it from abusing that dominant position, in so far as it may affect trade between Member States.It is often unclear whether a company is 'dominant' for the purposes of EU competition law. Dominance does not necessarily entail having a majority share of the market but a company with a share of 50% will typically be presumed dominant. Unless a company has been involved in previous competition law cases or findings of dominance in a merger context, it may be uncertain as to whether it is dominant as a matter of law.This Practice Note considers in further detail what constitutes a ‘dominant position’.The legal testThe test for establishing dominance has been set out by the Court of Justice as:'a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained on the relevant market by giving it the power to behave to an appreciable extent independently of...

Competition law and sustainability—global developments tracker

Competition law and sustainability—global developments tracker This document aims to track and summarise legislative, guidance and other policy developments which help reveal the approach of global competition authorities in tackling the issue of how competition law can contribute towards achieving sustainability objectives. 2025 Jurisdiction and body Details Developments Australia (Australian Competition and Consumer Commission) The ACCC releases a draft determination proposing to grant authorisation with conditions to allow the Australian Sustainable Finance Institute and industry participants to collaborate on sustainable finance initiatives for five years • Press release published—17/04/2025 UK (CMA) CMA publishes its third informal opinion under its Green Agreements Guidance (the Guidance). The Guidance is intended to provide greater certainty for businesses on how competition rules apply to agreements and arrangements between competitors aimed at achieving environmental and sustainability goals • Guidance published—05/02/2025 UK (CMA) CMA issues informal guidance to the Builders Merchants Federation in relation to its Green Agreements Guidance • Informal guidance published—28/03/2025 Taiwan (Taiwan Fair Trade Commission) TFTC “Guidelines on Concerted Actions...

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Copyright policy

Copyright policy Introduction The purpose of this copyright policy is to provide guidance to employees and other personnel about copyright as a right, to provide guidelines and procedures for obtaining copyright permission to use company and third party works and to provide a framework for reporting misuse of copyright works. This policy provides practical advice and procedures on copyright-related matters. It is not a substitute for legal advice, and proper legal advice should be obtained when necessary. Copyright officer, [Name] may be able to assist you with any questions you may have. [Name] may be reached at [telephone number or email address]. What is copyright? Copyright recognises the intellectual creation expended by an author in creating a work. Where copyright subsists in a work, the copyright owner has exclusive rights to carry out various acts in relation to the copyright work. Activities, such as copying, set out in legislation (the Copyright Designs and Patents Act 1988) carried out by those other than the copyright owner, without permission, may infringe...

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Waste not, want not

Corporate Crime analysis: In R v Cornish, the High Court has provided guidance on how to approach wasted cost applications against the prosecution following an acquittal. Edward Henry, a barrister at QEB Hollis Whiteman, considers the implications of this decision.