What are the obligations imposed on a company enjoying a dominant position in the relevant market?
Companies in a dominant position must not abuse this position. Dominant position is legally defined as the position that enables a company to hinder actual competition, thereby allowing it to behave independently of its competitors, suppliers and customers. There is no market-share threshold to determine this dominance of the market. Examples of abuses include refusal to supply as well as discriminatory, predatory or tying practices. Tying practices are practices in which the dominant seller refuses to sell its products unless the buyer also purchases another product. No exemption from the ban on abusing a dominant position may be obtained from the Council. Upon the request of the company, the Council may issue a negative clearance confirming that the practices concerned do not fall within the scope of the law and will not be fined. What are the penalties for companies that violate competition laws? Fines of up to 10% of Belgian turnover can be imposed on companies that engage in restr
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