Jurisdiction(s):
United Kingdom

Key definition

Dominant position definition

What does Dominant position mean? In competition law practice, a dominant position describes the level of market power an undertaking holds on a defined relevant product and geographic market. An undertaking is dominant where its economic strength allows it to behave to an appreciable extent independently of competitors, customers and, ultimately, consumers. The concept is not codified in statute; it is developed by case law (including EU jurisprudence). The prohibition targets abuse, not mere dominance. Key indicators are substantial and durable market power: ability to raise prices, reduce quality or output, or dampen innovation without losing profitable sales. High market shares (often 40%+ as...

EU merger control: Commission prohibits Hyundai Heavy Industries/Daewoo Shipbuilding & Marine Engineering merger over dominance in large LNG carriers (M.9343); appeal pending before the General Court (T-156/22)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB NOTE—appeal filed before the General Court in Case T-156/22. ARCHIVED—this hub records the position as at the decision date of 13/01/2022 and is not being updated. See also timeline and commentary.

Case facts

Outline of the European Commission’s merger review into Hyundai Heavy Industries Holding’s planned purchase of Daewoo Shipbuilding & Marine Engineering Co Ltd (Case M.9343). The deal featured horizontal overlaps across multiple global markets for cargo shipbuilding.

Latest developments

On 13 January 2022, the Commission blocked the deal. It found that combining HHI and DMSE would grant the merged entity a dominant position and lessen competition in the worldwide market for constructing large liquefied gas carriers. The parties did not submit formal remedies to address the Commission’s concerns, indicating that the merger would have resulted in fewer suppliers and increased prices for large vessels transporting liquefied gas.

Parties

Hyundai Heavy Industries Holding (HHI): HHI is a privately held South Korean company mainly active in shipbuilding. It manufactures a range of commercial vessels, marine engines and offshore facilities used to...

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Web page updated on 27/05/2026

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