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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.