ABUSE OF DOMINANCE

Lexonomics has advised parties in relation to various possible abuses of dominance, including rebates, buyer power and price discrimination. Some of these analyses formed part of self-assessments and internal compliance programmes. Lexonomics expert economic reports have also been used before courts. Cases include the following:

 

Conditional rebates Mars Nederland. On 29 July 2011 the Den Bosch District Court issued an injunction against Mars Nederland prohibiting it from further rolling out its conditional rebate programme for petrol station shops in the Netherlands. Lexonomics carried out an economic analysis of the competitive effects of the Mars programme for the plaintiff in this case, Nestle Nederland.

 

Conditional rebates CRV. On 7 October 2010 the Dutch Trade and Industry Appeals Tribunal (CBb) published its judgment in the CRV case on various discount schemes of CRV that were assessed by the NMa as constituting abuse of dominance. At the request of CRV Lexonomics carried out an economic analysis from which it became clear that the discounts schemes did not have anticompetitive effects. The CBb decided, with numerous references to the Lexonomics analysis, that the discount schemes were not abusive.

 

Countervailing buyer power. On 16 February 2010 the Dutch Trade and Industry Appeals Tribunal (CBb) published its decision upholding the 2008 market analysis decision regarding fixed terminating access services by the Dutch telecommunications regulator OPTA. Lexonomics carried out a study on countervailing buyer power for OPTA that is central in this decision.

 

Price discrimination. On 16 March 2007, Theon van Dijk gave a presentation at the ACLE Workshop on Strategic Firm-Authority Interaction in Antitrust, Merger Control and Regulation. Title of his presentation was “Banning price discrimination by dominant firms”.