There are many circumstances in which abuses might occur, but they are often characterised by static or deflating markets, ominated by a small number of major long-term players and with high barriers to entry, such as heavy industries, chemicals and manufacturing. However as the world has moved into the Information Age, new markets, and new market dynamics are in play. Companies emerge very quickly, often with low barriers to entry, and disruptive technologies keep markets shifting rapidly.
In amongst that flux, some companies have been able to assume highly dominant positions, such that they are able to control or heavily influence customer environments, retail infrastructures and buying behaviours in ways that have simply not been possible before now, especially in data collection, analysis and monetisation. Those positions have in some cases been exploited to move swiftly into multiple new and existing markets, where many competitors and their customers are already dependant on the dominate players’ technological ecosystem or environment – shopping, travel, transport, entertainment, gaming… the list goes on. The lack of viable alternative infrastructures and hardware, particularly in Europe has created some of the static, big player dominated market conditions in which abuses can occur.
Regulators have started to take notice of these market conditions, and technology companies across many sectors have too. Claims can be brought in the UK by parties affected by anti-competitive behaviour, whether or not regulators have reached final decisions. We can help you make those decisions, which often have very significant ramifications for your company, large or small.
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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.