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Dominant position of commercial undertakings and its abuse

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Issue 1997/7
Pg 359-365

Summary


A new bill for the Competition Act is currently under preparation in Estonia. This Bill also amends the regulation of market dominance and its abuse. The Bill is based on the corresponding rules of the European Union. Further, the Bill provides for a more effective implementation of the Competition Act. Of planned amendments, mention should be made of delineation of relevant market as a key issue in this area. Earlier, the Competition Board was competent to decide on the issue and its decisions were not subject to appeal. The Bill does not include this provision any longer since it is contrary to the principles of the rule of law. Further, the Bill elaborates the definition of relevant market under which a market for goods covers the whole or a part of the Estonian market. Since the Bill was drafted based on the corresponding legislation of the European Union, this article primarily focuses on the principles in force in this area in Europe.

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