What is the definition of abuse of a dominant position?
As a general rule, the case-law defines abusive behaviour as the weakening or impediment of competition on the market by means that are alien to normal competitive behaviour (see OGH 16 Ok 43/05). According to sec 5 of the Austrian Cartel Act 2005, an abuse of a dominant position may, in particular, consist in (i) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions; (ii) limiting production, markets or technical development to the prejudice of consumer; (iii) limiting production, markets or technical development to the prejudice of consumers applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (iv) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; (v) the sale of goods at a price below th
