Dominance and Monopoly Inquiries

We have been involved in several of the leading Article 102 and national abuse of dominance cases concerning issues such as price discrimination, predation, excessive pricing, and market foreclosure.

These cases have covered an extremely diverse set of potential competition concerns, including refusal to supply, price discrimination, exclusionary discounting, price and non-price predation, excessive pricing, the creation of switching costs, and the raising of barriers to entry.

Dominance and Monopoly Inquiries case studies

JUHI (2012)

RBB Economics advised the joint venture participants in the Joint User Hydrant Installation (JUHI) at Sydney Airport, in relation to the Australian NCC investigation into whether the supply of jet fuel airport infrastructure should be deemed an essential facility

Butagaz/Shell (2012)

RBB Economics advised Butagaz/Shell in relation to the French Competition Authority’s investigation into alleged abuse of collective dominance in the supply of LPG – French Competition Authority’s decision No. 10-D-36

South African Airways (SAA) (2011)

RBB Economics advised SAA during the SA Competition Tribunal investigation of its incentive payments to travel agents – SA CT Case No.18/CR/Mar01

Ofcom/BSkyB (2011)

RBB Economics presented expert economic advice at the UK Competition Appeals Tribunal on behalf of the English Premier League, regarding wholesale of premium sports rights

Intel (2009)

RBB Economics advised AMD during the European Commission investigation of the rebate and selling practices of Intel – EC Case No. COMP 37990

BAT (2009)

RBB Economics advised international tobacco supplier JTI in its complaint before the South African Competition Tribunal against the commercial practices of BAT South Africa – SA CT Case No. 55/CR/Jun05

British Airways (2007)

RBB Economics advised British Airways during the UK OFT investigation of alleged predation against Scotair – OFT Case No. CE/4424-04

Energy Market Authority of Singapore (EMA) (2004)

RBB Economics advised SEMA during the appeal against its findings of abuse of dominance against incumbent generators in Singapore

Aberdeen Journals (2002)

RBB Economics advised Aberdeen Journals during the UK OFT investigation of alleged predation and subsequent appeal to the Competition Appeals Tribunal – OFT Case No.CA98/14/2002

Google (ongoing)

RBB Economics is advising Google in relation to the ongoing European Commission’s investigation of third parties’ allegations that Google has engaged in an abuse of a dominant position. The investigation covers a number of areas including the manner in which Google displays its search results and contractual provisions with partners on the websites of which Google delivers search advertisements

Sasol (2010)

RBB Economics advised Sasol during the SA Competition Commission investigation into allegations of excessive pricing and anti-competitive price discrimination in the South African fertiliser industry – Case settled