According to section 2 of the Protection of Competition Laws of 2008 and 2014, dominant position in relation to an undertaking, means the position of market power that an undertaking holds and makes it capable to obstruct the maintenance of an effective competition in the market of a particular product and enable it to act, in substantial degree, independently from its competitors and customers and finally from the consumers.
Pursuant to section 6(1) of the Law 13(I)/2008, any abuse by one or more undertakings of a dominant position within the local market or in a substantial part of it shall be prohibited, specifically where the conduct has as an effect or potential affect to:
(a) directly or indirectly impose unfair purchase or selling prices or other unfair trading conditions;
(b) limit production, markets or technical development to the prejudice of consumers;
(c) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
(d) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which by their nature or according to commercial usage, have no connection with the subject of such contracts.
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