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Abuse of dominance and economic dependence

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Competitive conduct of companies with a strong market position is subject to increasing scrutiny and may lead to unwanted regulatory intervention, high fines and/or legal disputes. We help clients anticipate and address concerns over potential abuse, so they can focus on growth. Many leading companies with a substantial market position rely on our expertise concerning their pricing, rebate, distribution and supply policies. 

The CMS team also provides legal advice to protect clients’ commercial interests against abusive conduct by their business partners, e.g., in cases of margin squeeze, refusal to supply, unjustified demands. Where necessary our clients can rely on our expertise in defending their position in proceedings by authorities and before the competent courts. For example, we represented clients in landmark cases concerning alleged pay for delay arrangements.

Key Contact

Portrait ofMichael Bauer
Dr. Michael Bauer
Partner
Brussels - EU Law Office
Portrait ofMałgorzata Urbańska
Małgorzata Urbańska
Partner
Warsaw
Portrait ofBrian Sher
Brian Sher
Partner
London
Portrait ofDirk Van Liedekerke
Dirk Van Liedekerke
Partner
Brussels
Portrait ofMarquard Christen
Marquard Christen, LL.M., MAS
Partner
Zurich
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10/10/2022
Germany proposes law on competition that strengthens the Federal Cartel...
On 26 September 2022, the Federal Ministry for Economic Affairs and Climate Action (BMWK) presented the draft for the 11th GWB amendment, which is to be called the Law for the Improvement of Competition...
12/05/2022
Abuse of economic dependency in Belgium – current state of affairs
The prohibition on abusing an undertaking’s economic dependency, which came into force on 22 August 2020, targets a situation where an undertaking abuses the economically dependent position of another...