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abuse of a dominant position


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Unlawful activities by large businesses, i.e. usually those having a market share of at least 40% in at least one EU state. Examples of such activities, which are contrary to Article 82 of the Treaty of Rome and the UK Competition Act 1998, include refusing to supply an existing customer and engaging in predatory pricing. The European Commission and the Office of Fair Trading can fine businesses up to 10% of annual worldwide group turnover for breach of Article 82. High fines include €497M against Microsoft in 2004, €280.5M for continued breach in 2006/07, and a final record additional €899M in 2008 for continued lack of compliance. In the UK Napp Pharmaceuticals was fined £3.21M for abuse of a dominant position contrary to the Competition Act 1998 but this was reduced to £2M on appeal.

Subjects: Law.


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