The ICN Unilateral Conduct Working Group (UCWG) was established in May 2006, at the fifth annual ICN conference. Its primary objectives are to examine the challenges involved in analyzing unilateral conduct of dominant firms and firms with substantial market power, facilitate greater understanding of the issues involved in analyzing unilateral conduct, and to promote greater convergence and sound enforcement of laws governing unilateral conduct.
The UCWG is developing a “workbook” on the analysis of unilateral conduct, similar to the April 2006 Merger Guidelines Workbook. The workbook is based on the Group’s conduct work, recommended practices on dominance, and reports on the objectives of unilateral conduct laws, assessment of dominance, and state-created monopolies. In the first year, the Working Group developed an outline of topics to be addressed and drafted chapters on the Objectives of Unilateral Conduct Laws, the Assessment of Dominance/Substantial Market Power, Predatory Pricing Analysis and Exclusive Dealing/Single Branding.
Developing additional workbook chapters -- on forms of conduct as well as remedies -- will remain a key focus of the group moving forward. This ICN year, the group will draft a chapter on Loyalty Rebates and Discounts.
The UCWG is holding a workshop on Exclusive Dealing on 17-18 September in Stockholm, Sweden.
OFT will be hosting a tele-seminar on Wednesday 24 July at 8:00am (Washington time)/ 1:00 pm (London time) / 2:00 pm (Stockholm time) / 3:00 pm (Ankara time).
The tele-seminar will address Unilateral Conduct and State Owned Enterprises (SOEs). In particular it will look at enforcement of competition law against anticompetitive state acts, and examine the experiences of various competition authorities in enforcing against unilateral conduct by the state/SOEs. We will also briefly discuss the degree of implementation of the Recommended Practices on State-Created Monopolies Analysis. The discussion will be led by Professor Deborah Healey who has authored a paper on this issues and will include speakers from the Italian, Kenyan, Brazilian and Moroccan competition authorities.
The Co-chairs of the Unilateral Conduct Working Group are the Swedish Competition Authority, the Turkish Competition Authority, and the UK Office of Fair Trading.
For more information about the Unilateral Conduct Working Group, please contact:
Ms. Karin Lunning
Director, International Affairs
Swedish Competition Authority
Telephone: 46 8 700 1642
Mr. Ali ARIOZ
Chief Competition Expert in charge of International Affairs
Turkish Competition Authority
Tel: 090 312 291 41 13
Mr. Erdem AKTEKIN
Turkish Competition Authority
Tel: 090 312 291 41 42
Ms. Mahin CHOUDRY
UK Office of Fair Trading
+44 20 7211 8243
- Recommended Practices on the assessment of dominance/substantial market power (French version and Spanish version)
- Recommended Practices on the application of unilateral conduct rules to state-created monopolies (French version and Spanish version)
Working Group Documents
- Unilateral Conduct Workbook
- Report on the Objectives of Unilateral Conduct Laws, Assessment of Dominance/Substantial Market Power, and State-Created Monopolies
- Report on Predatory Pricing
- Report on Exclusive Dealing
- Report on Tying/Bundled Discounting
- Report on Loyalty Discounts and Rebates
- Report on Refusal to Deal with a Rival
- Case Annex Refusal to Deal and Margin Squeeze
- Questionnaires and Responses