Misuse of the Dominant Economic Situation

Misuses made of the dominant economic situation are among pivotal problem of the laws of competence. In the present study, the constituents of the dominant situation, concept and nature of misuses made of it,standards to identify this anti-competitive act will be discussed and studied on the basis of comparative studies and economic-legal analyses. Results show that misuses made of the dominant situation and the similar legal concepts will vary in different respects in different legal systems; and such differences reflect differences between systems in terms of goals, principles of the laws of competence, and economic policies. In most countries, identification of the dominant economic situation involves determination of an institute's share of the market,obstacles to its entering [the market], ability to act independent from three factors of the market, as well as other factors. Though standards of evaluation may be different in various systems, there is some typical and objective concept for misuse, and the actual or potential impact of the conduct is paid more attention to than reasons and motivations to commit that act. Anti-competitive, exploiting, and recompensing conducts are among the most important instances of misuse.