Concepts of collective dominance in EU competition law

Abstract

This paper deals with concepts of collective dominance under European Union and Lithuanian competition law. The object of this paper is to analyze the concepts of collective dominance focusing on the conditions that are needed to establish collective dominance. Issues connected with the abuse of the collective dominant position is not included in the paper. To reveal the concept of collective dominance and how it evolved through case law, fistly the notion of dominance is introduce and according to which criteria it is determined. Furthermore, concept of collective dominance is introduced and how this concept grew through case law of European and Lithuania’s courts as well as competent authority’s decisions. Moreover, in third part - analysis of the difficulties within the finding of a collective dominance takes place. The Airtour criteria (transparent market, existence of sustainability of actions, and the absence of competitive constraints occurs) is analysed and what change as well as clearance was brought by Impala case, concerning the standard of proof. The importane of perception of economic links is reviewed, emphasisng that not the form, but the effect of ecconomic links is the most important. Moreover, information exchange as a possible ecconomic link is introduced. As well as the possible gap in the enforcement of collective dominance is discusssed. In every case of assessing collective dominance detailed economic analysis is required - the structure of the market, the structure of the undertaking, and the undertaking's conduct evaluation must take place.