Jurisdiction(s):
United Kingdom

Key definition

Abuse of a dominant position definition

What does Abuse of a dominant position mean? In practice, abuse of a dominant position describes conduct by a business with substantial market power that distorts competition or exploits customers or suppliers. The prohibition is set out in the UK by Chapter II of the Competition Act 1998 and in Ireland by section 5 of the Competition Act 2002 (as amended), and mirrors EU law under Article 102 TFEU. While the rule is statutory, the concepts of “dominance”, “abuse” and “undertaking” are largely defined and developed by case law. Dominance is a position of economic strength that allows an undertaking to behave to an appreciable extent independently...

Abuse of dominance: CJEU clarifies Article 11(6) Regulation 1/2003 and ne bis in idem in parallel Commission/NCA proceedings—Slovak Telekom (C‑857/19)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub records the state of play as at the judgment of 25 February 2021 and is no longer updated. For further details, see the timeline.

Case facts Outline

Case C‑857/19, Slovak Telekom-a reference from Slovakia seeking guidance on whether, amongst other issues, Article 50 of the Charter of Fundamental Rights of the EU also covers administrative infringements consisting of Abuse of a dominant position under Article 102 TFEU, where the Commission and a Member State Authority have, independently and separately, imposed penalties in exercising their powers under Article 11(6) of Regulation 1/2003.

Latest developments

On 25 February 2021, the Court of Justice delivered its ruling, finding, inter alia, that Slovak Telekom-already held by the Commission to have abused a dominant position in relation to certain telecommunications services-could likewise be penalised by the Slovak competition authority for the same type of abuse affecting other telecommunications services.

Parties

Applicant: Slovak Telekom (ST)
Respondent: Protimonopolný úrad Slovenskej republiky (Competition Authority)

Market

Broadband services in Slovakia.

Background to reference

Background On 26 September 2005, the...

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Web page updated on 27/05/2026

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