Unilateral Conduct
Mission
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 addressing anticompetitive 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.
Current Work
The UCWG is developing a “workbook” on the analysis of unilateral conduct, similar to the April 2006 Merger Guidelines Workbook. The workbook will be 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 will develop an outline of topics to be addressed and draft two chapters - on the Monopoly Power/Dominance Requirement and Determining the Existence of Dominance/Market Power..
The group also will hold a workshop in Brussels on December 2-3, 2010 and webinars in the fall and in the spring.
Contact Information
The Co-chairs of the Unilateral Conduct Working Group are Randolph W. Tritell, Director, Office of International Affairs, United States Federal Trade Commission, and Markus Lange, Head of German Bundeskartellamt’s International Section.
For more information about the Unilateral Conduct Working Group, please contact:
Ms. Cynthia Lagdameo
Counsel for International Antitrust
U.S. Federal Trade Commission
Phone: 1 212 607 2828
E-mail: clagdameo@ftc.gov
Mr. Thilo Reimers
Desk Officer
International Section
German Bundeskartellamt
Phone: 49 228 9499 423
E-mail: thilo.reimers@bundeskartellamt.bund.de
Recommended Practices
- 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
- 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
Click here for a complete list of Unilateral Conduct work products

