Leading Firms And Oligopolies: Beware

The competition law landscape for businesses holding a dominant market position, as well as those operating within oligopolistic markets, has changed with the recent amendments to the abuse of dominance provisions of the Competition Act (the Act). These changes increase the risk of both public enforcement by the Commissioner of Competition (the Commissioner) and private access applications initiated by competitors, consumers or public-interest organizations. Businesses with significant market power now face higher monetary penalties, the possibility of prohibition orders for conduct that was not previously considered an abuse of dominance and, in the near future, private litigation with the potential for financial awards.