Unilateral Conduct

Recent Updates

The UCWG held a webinar on Abuse of Dominance in the Energy Sector - the  European Experience.  Click here to listen to a recording of the program and here for a copy of the presentation accompanying speakers' remarks. 

The UCWG presented at the 10^th ICN Annual Conference its first chapter of the Unilateral Conduct Workbook on Assessing Dominance/Substantial Market Power.  

The workbook chapter discusses how to apply the concept of “dominance” in practice, and, in particular, how to use various types of evidence to determine whether or not a firm is “dominant.”  The first section discusses the concept of dominance and its relationship to the notion of market power, including basic approaches ICN members use to define dominance.  The chapter’s following sections discuss defining a relevant market (both product and geographic), analysis of barriers to entry, and the role of buyer power in evaluating dominance.

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