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A company which has a powerful position on its market must be careful when it comes to competition law. This is because competition law prohibits a dominant company from engaging in any commercial conduct that could have the effect of exploiting customers or excluding competitors. Such conduct is considered as an abuse of dominance under Article 102 Treaty on the Functioning of the EU and Article 5 Luxembourg Law on Competition. Typical forms of abuse by dominant undertakings include setting prices so low that competitors cannot compete, inciting or obliging customers to buy only from the dominant undertaking to the detriment of competitors or refusing to allow access to an input which is necessary to compete on a downstream market where the dominant undertaking is active or...
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