Speech from Maurice Nussenbaum, during the conference organized by the law firm Betto-Perben-Pradel-Filhol on Tuesday, April 30, 2020, “Comment réussir…
Assist a firm in the context of administrative or legal proceedings, whereby it is:
- A victim of a competitor abusing its dominant position in the market; or
- Accused of abusing its dominant position in the market
Identify then define the scope of the:
- Dominant position (define the relevant market in which a company’s dominant position is observed, search for key idiosyncrasies characterizing a company’s dominance in that market. Note that a large market share doesn’t, in and of itself, entail a dominant position)
- Abuse of dominant position (refusal to sell a product or a service, selling tied products, sales discrimination, ending a business relationship on the claim that a partner refuses to agree to unjustified commercial conditions, etc.)
Estimate the damage caused to one or more firms due to abuse of dominant position by comparing the current situation to one where such abuse does not exist.
To arrive at an accurate figure, we choose the most relevant method among those listed by the European Commission as approved (Practical guide on quantifying harm in actions for damages based on breaches of Article 101 or 102 of the Treaty on the Functioning of the European Union – 2013).
- Upon request, write a report estimating the potential damage demanded by the victim directly resulting from the abuse of dominant position
- Prepare response to opposing counsel arguments (representing defendants or plaintiffs)
- Assist the client during administrative or judicial proceedings