Prohibited Conduct Under The Competition Act 2010 - Abuse Of Dominant Position

Introduction

In general, there are two (2) types of prohibited conducts under the Competition Act 2010 ("CA 2010"): (i) anti-competitive agreement; and (ii) abuse of dominant position. This article will focus on the latter, specifically the abuse of a dominant position. An enterprise is considered dominant if it has a significant market power to adjust prices, outputs or trading terms, without effective constraint from competitors or potential competitors.¹ Simply holding a dominant position in the market is not a prohibited conduct under the CA 2010. The CA 2010 only prohibits a dominant enterprise from abusing its dominant position.

Under Section 10 of the CA 2010, a dominant enterprise is prohibited from engaging, whether independently or collectively, in any conduct which amounts to an abuse of a dominant position in any market for goods or services.