We support our clients with self-assessments, wherein we examine whether particular price-setting practices or the constricted accesses to their products within certain circumstances represent an abuse of market power. To achieve this, there are two possible approaches:
A company may be examined to determine whether it can actually be regarded as market-dominating. If this is true, it must then be determined whether the business practices in question are abusive.
It is often appropriate, however, to leave open the question of market power or market domination and instead directly examine whether specific market practices represent a misuse of a (hypothetical) position of market leadership. In this case we protect our clients against inaccurate assessments on the question of market leadership by competition authorities and/or we enable their further growth without any future conflict.
Economic analyses are decisive when evaluating whether a particular price-setting practice is improper. The following aspects should, amongst others, be covered during analysis:
- Margin squeezing
- Exclusive purchasing obligation and conditional rebates
- Coupling and grouping
- Cut price
- Access to essential pre-products