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Downstream/upstream competition and products meaning

What does Downstream/upstream competition and products mean?
Describes the position of firms and their products along the broadband supply chain, used in competition law and telecoms regulation to assess market power and vertical integration. It is not a statutory definition, but a descriptive expression used by regulators and courts. upstream refers to providers of basic network inputs, typically passive or foundational elements such as copper or fibre local access, ducts and poles, dark fibre and backhaul (for example, Openreach within BT Group in the UK; open eir in Ireland; wholesale-only operators such as CityFibre, SIRO or National Broadband Ireland). Downstream players purchase these inputs and add active components or services—installing electronic equipment and offering wholesale broadband products (e.g. LLU/VULA/bitstream). Further downstream are retail internet service providers that layer branding, billing, customer support and value-added services for end-users. A single group may operate at multiple levels (vertical integration), as with BT Group (Openreach upstream; BT Consumer downstream) or Virgin Media O2. This terminology underpins relevant market definition, SMP findings and remedies (access, non‑discrimination, price controls), and analyses of margin squeeze or abuse of dominance in England & Wales, Scotland, Northern Ireland and Ireland. Usage is broadly consistent across these jurisdictions (Ofcom, ComReg, CMA and CCPC practice).
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View the related News about Downstream/upstream competition and products

NEWS
EU law weekly briefing: legislative, regulatory and policy developments across financial services, competition/state aid, data protection, dispute resolution, environment, IP, life sciences, TMT and trade—3 July 2025

In this issue: EU fundamentals Banking and finance Commercial Competition and state aid Data protection and cybersecurity Dispute resolution Financial services Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade LexTalk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers EU fundamentals Danish Presidency of Council of the EU publishes presidency programme The Danish Presidency of the Council of the EU has released its programme for 1 July to 31 December 2025, setting out priorities and direction under the banner ‘A strong Europe in a changing world’. The presidency intends to reinforce the EU’s ability to act independently amid mounting global volatility, with a spotlight on security, competitiveness and the green transition. Forthcoming legislation will focus on strengthening defence, enhancing economic resilience and driving climate neutrality. The presidency also plans to lighten regulatory burdens and advance EU enlargement....

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NEWS
UK and EU energy law weekly update—3 July 2025: Ofgem RIIO-3, CSNP, Solar Roadmap, Capacity Market, UK ETS, CBAM and State aid

In this issue: Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility Oil and gas Air emissions, efficiency, and climate change International energy LexTalk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Latest Q&A Key developments and materials Access secured to six market-leading energy law titles We are pleased to share that we have widened our Lexis+ Legal Research portfolio, having obtained an exclusive licence from Globe Law and Business to host six pre-eminent energy law titles. We are in the process of embedding links to these works within the appropriate Practical Guidance materials across the Energy module on Lexis+...

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View the related Practice Notes about Downstream/upstream competition and products

PRACTICE NOTES
Margin Squeeze under Article 102 TFEU: Evolution, As-efficient Competitor Test, and Case Law from Commodities to Telecoms

Margin squeeze Margin squeeze is a form of exclusionary behaviour aimed at rivals, intended to remove them or undermine their viability—either by driving them from the market or by deterring entry at the outset. Where a vertically integrated firm holds a dominant position in an upstream market for a vital input and also supplies that input to wholesale customers who compete at retail, it can have both the means and the incentive to exclude those competitors from the downstream market. The dominant firm compresses retail rivals’ margins by setting a high wholesale charge, a low retail price, or a mix of the two, thereby narrowing the gap between the cost of essential inputs and the price attainable in the retail market. Consequently, the spread between the dominant undertaking’s retail price for the product or service and the wholesale price it levies on its rivals is insufficient to allow an efficient retail rival to compete effectively. This weakening of effective competition downstream can, in turn, result in higher prices, diminished...

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PRACTICE NOTES
Aftermarkets and EU competition law: Articles 101/102, market definition and lock-in, 2024 guidance, and leading cases

Aftermarkets Aftermarkets matter greatly to producers of sophisticated technical equipment and to businesses following a ‘razors and razor blades’ commercial model. Competition concerns in aftermarkets are not limited to a single sector. While many disputes feature the technology industry, similar issues have appeared across a broad range of other fields. a primary product (eg equipment, hardware or software), and an aftermarket good or service (eg parts, repair services, or software support) The decisive arena is the downstream aftermarket, which frequently delivers highly profitable, repeat revenues coveted by proprietary equipment manufacturers as a way to recoup significant research and development spend. Independent service organisations (ISOs) and other third parties offering rival aftermarket goods or services often clash with manufacturers. Producers may seek to avoid enabling ISO competition, while ISOs operating solely in the aftermarket may view competition from manufacturers as unfair. For instance, manufacturers may try to withhold from ISOs either aftermarket products (eg spare parts and consumables) or essential tools...

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