The UCWG held a webinar on the role of intent in unilateral conduct cases. To listen to a recording of the program, click here.
The UCWG is working on developing a Unilateral Conduct Workbook. The first three chapters are available - on Objectives of Unilateral Conduct Laws, Assessing Dominance/Substantial Market Power was and Predatory Pricing Analysis. The group currently is developing a chapter on Exclusive Dealing/Single Branding.
The ICN Unilateral Conduct Working Group (UCWG) was established in May 2006, at the fifth annual ICN conference. Its primary objectives are to examine the challenges involved in analyzing unilateral conduct of dominant firms and firms with substantial market power, facilitate greater understanding of the issues involved in analyzing unilateral conduct, and to promote greater convergence and sound enforcement of laws governing unilateral conduct.
The UCWG is developing a “workbook” on the analysis of unilateral conduct, similar to the April 2006 Merger Guidelines Workbook. The workbook is based on the Group’s conduct work, recommended practices on dominance, and reports on the objectives of unilateral conduct laws, assessment of dominance, and state-created monopolies. In the first year, the Working Group developed an outline of topics to be addressed and drafted chapters on the Objectives of Unilateral Conduct Laws, the Assessment of Dominance/Substantial Market Power, and Predatory Pricing Analysis.
Developing additional workbook chapters -- on forms of conduct as well as remedies -- will remain a key focus of the group moving forward. This ICN year, the group will draft a chapter on Exclusive Dealing/Single Branding.
The Co-chairs of the Unilateral Conduct Working Group are the Swedish Competition Authority, the Turkish Competition Authority, and the UK Office of Fair Trading.
For more information about the Unilateral Conduct Working Group, please contact:
Ms. Karin Lunning
Director, International Affairs
Swedish Competition Authority
Telephone: 46 8 700 1642
Ms. Lerzan Ünal
International Relations Coordinator
Turkish Competition Authority
Telephone: 90 312 291 4112
Mr. Peter Lukacs
UK Office of Fair Trading
Telephone: 44 (0) 20 7211 8473
- Recommended Practices on the assessment of dominance/substantial market power (French version and Spanish version)
- Recommended Practices on the application of unilateral conduct rules to state-created monopolies (French version and Spanish version)
Working Group Documents
- Unilateral Conduct Workbook: Chapter on Assessing Dominance/Substantial Market Power
- Report on the Objectives of Unilateral Conduct Laws, Assessment of Dominance/Substantial Market Power, and State-Created Monopolies
- Report on Predatory Pricing
- Report on Exclusive Dealing
- Report on Tying/Bundled Discounting
- Report on Loyalty Discounts and Rebates
- Report on Refusal to Deal with a Rival
- Case Annex Refusal to Deal and Margin Squeeze
- Questionnaires and Responses