OECD kpcdb

1. Scope

 

Section 3 of the Act prohibits the abuse of dominant position through any practice that prevents, restricts, reduces, or distorts competition in the relevant market. Abuse of dominant position includes, but are not limited to, the following practices: 

 

a)  limiting production, sales, and unreasonable price increases; 

b)  price discrimination without objective justifications; 

c)  making the sale of goods or services conditional on the purchase of other goods or services; 

d)  predatory pricing, boycotting or excluding any other undertaking; 

e)  or refusing to deal.

 

2. Assessment

 

Under Section 2, a dominant position is deemed to exist if an undertaking or several undertakings have the ability to behave to an appreciable extent, independently from competitors, customers, consumers and suppliers. The position of an undertaking is presumed to be dominant if its share of the relevant market exceeds 40%.

 

According to the Guidelines Section 3: Abuse of Dominant Position, the CCP may take into account, when determining Section 3 violation, whether the dominant undertaking has an objective justification and proportionality of the conduct.

 

3. Remedies and sanctions

 

Under Section 31, the CCP may require the undertaking concerned to take actions to restore competition and not to repeat the prohibition or engage in any practice with a similar effect. The CCP may also impose administrative penalties (see Section I.4 of this text on Remedies and sanctions).

 

 

* This information is based on Competition Law in Asia-Pacific: A Guide to Selected Jurisdictions (2018).