Maurits Dolmans and Henry Mostyn
Cleary Gottlieb Steen & Hamilton LLP
This Fifth Edition of The Dominance and Monopolies Review as with previous years, each chapter summarises the abuse of dominance rules in a jurisdiction, as well as providing a review of the regime’s enforcement activity in the past year and a prediction for future developments.
Competition regulators have recently emphasised that they see the role of competition enforcement as ensuring that everyone as a ‘fair chance’, creating ‘fair conditions’ in the markets, ‘keeping markets fair’ and sending ‘a message of fairness’. It is fair enough in political discourse to explain competition policy in simple terms, but using them as criteria for a finding of infringement creates serious risks of antitrust populism, endangering the rule of law.