Unilateral Conduct
Recent Updates
The UCWG recently held a webinar on Objectives of Unilateral Conduct Laws - How should they be used to set priorities and distinguish exclusionary conduct from honest competition? Speakers included: Matthew Bennett (UK), Giulio Federico (EC), Donald Baker (US NGA) and Mats Bergman (Swedish NGA). To listen to a recording of he program click here.
Unilateral Conduct Workbook
The UCWG presented at the 10th ICN Annual Conference its first chapter of the Unilateral Conduct Workbook on Assessing Dominance/Substantial Market Power. The group will present two additional workbook chapters at the ICN Annual Conference in Rio - on Objectives of Unilateral Conduct Laws and Predatory Pricing Analysis.
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 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.
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 developed an outline of topics to be addressed and drafted a chapter on the Assessment of Dominance/Substantial Market Power.
Developing additional workbook chapters -- on forms of conduct as well as remedies -- will remain a key focus of the group moving forward.
Contact Information
The Co-chairs of the Unilateral Conduct Working Group are Cynthia Lagdameo, Counsel for International Antitrust, Office of International Affairs, United States Federal Trade Commission, Barbara Schulze, Head of German Bundeskartellamt’s International Section, and Karin Lunning, Director, International Affairs, DG Coordination, Swedish Competition Authority.
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
Ms. Sonja Keske
Counsel for International Competition Matters
International Section
German Bundeskartellamt
Phone: 49 228 9499 255
Ms. Karin Lunning
Director, International Affairs
DG Coordination
Swedish Competition Authority
Phone: 46 8 700 1642
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
- Unilateral Conduct Workbook: Chapter on Assessing Dominance/Substantial Market Power
- 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
December 2-3, 2010 Workshop

