Trade practice and consumer protection proclamation No.685/2010


PART TWO
TRADE PRACTICES
CHAPTER ONE
ABUSE OF MARKET DOMINANCE
5. PRINCIPLE
No business person, either by himself or acting together with others, may carry on commercial activity by openly or dubiously abusing the dominant position he has in the market.
6. DEFINITION
A business person either by himself or acting together with others in a relevant market, is deemed to have a dominant market position, if he has the actual capacity to control prices or other conditions of commercial negotiations or eliminate or utterly restrain competition in the relevant market.
7. ASSESSMENT OF DOMINANCE
1) A dominant position in a certain market may be assessed by taking in to account the business person’s share in the market or his capacity to set barriers against the entry of others into the market or other factors as may be appropriate or a combination of these factors.
2) The market relevant for the assessment of a dominant position is the market that comprises goods or services that actually compete with each other or fungible goods or services that can be replaced by one another
3)The geographic area of this market is the area in which the conditions of competition are sufficiently homogeneous and can be distinguished from the conditions of competition in neighboring areas.
4)The Council of Ministers may determine by regulation the numerical expression of the degree of market dominance.

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