market dominance

Under UK and EU law, businesses who are in a dominant position in a particular market must be careful to avoid accusations that they are abusing that dominant position. "Dominant" under EU law (Article 86 of the Treaty of Rome) means being able to act without having to consider competitors and customers. Under UK laws such consideration may apply where more than 25% of a market is controlled and group turnover is over ₤5 million. Market is a complex subject and defining what the market is in any particular case depends on issues such as consumer choice, product use and other considerations. "Abuse" (abuse) is non-exhaustively defined under EU law to cover unfair terms, limitations, discriminatory terms, tie-ins and refusals to supply. Similar practices are likely to fall foul of UK law.