Companies with market power (e.g. the power to influence price in the market) are vulnerable to proceedings under the abuse of dominance provisions of the Canadian and English Competition Acts when they engage in conduct that is predatory (e.g. below cost pricing), exclusionary (e.g. conduct designed to foreclose access to facilities or resources needed by competitors) or disciplinary (e.g. conduct designed to punish competitors that attempt to enter or expand in certain markets). The types of conduct that may be found to constitute an abuse of dominance are very broad and it is incumbent on companies with market power to evaluate their practices to ensure they are not vulnerable to attack.
We have extensive experience in counselling clients in respect of pricing, distribution, tying, bundling and other practices that may give rise to abuse of dominance proceedings. In Canada, we have represented clients, including the Commissioner of Competition, before the Competition Tribunal and the Courts, in abuse of dominance proceedings, including representing the Commissioner of Competition in her successful appeal of the Tribunal's decision in Canada Pipe.