Studying of Special Practical Issues of Abuse of Dominance
Journal: The Journal of Economic Sciences: Theory and Practice (Vol.69, No. 2)Publication Date: 2012-12-12
Authors : Nazim U. Hajiyev;
Page : 54-89
Keywords : Abuse of a dominant position; dominance or monopolization; competition law; market power;
Abstract
Abuse of a dominant position, or monopolization, is one of the most challenging areas of competition law in both developed and emerging markets. Situations involving abuse of dominance may range from predatory behavior by firms in isolated local markets for low-technology products (for example, industrial waste collection) to high-tech industries in which access to a network
is restricted for anticompetitive purposes. The research work applies methods such as a scientific abstraction, system analysis and logic synthesis. The result of the study emphasizes that in transitional and developing economies assessing the existence of a dominant position, defining markets in abuse cases, evaluating the existence of a dominant position, the assessment of market shares, excessive prices, price discrimination, tie-ins, refusal to deal, predatory pricing. raising rivals’ costs, vertical restraints, abuse and intellectual property, assessing abuse resulting from government intervention,determining appropriate remedies are of outstanding significance. The practical significance of the study is its potential to enrich the academic and practical knowledge of specialists working in this field. Moreover, experts conducting research into the creation and development of sound and effective environmental policies will be supported by the effective implementation of competition policy. The originality and scientific novelty lies in the fact that the research work analyzes and systematizes experience of developed and developing countries; moreover it gives recommendations to look into these countries regarding their practices for the abuse of a dominant position.
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