2.3 Common Forms of Anti-Competitive Conduct

The focus of this section is on the forms of anti-competitive conduct engaged in by firms with significant market power. These practices include:

·         Abuse of Dominance

·         Refusal to Supply

·         Vertical Price Squeeze

·         Cross-Subsidisation

·         Misuse of Information

·         Customer Lock-In

·         Exclusionary or Predatory Pricing

·         Tying and Bundling

·         Non Discrimination and Net Neutrality

In all cases, the object of regulation is to support competition as a process. Although only firms with significant market power may be stopped from engaging in the practices listed above, all firms must abstain from misleading the market (eg making false claims in advertising), “slamming” (ie claiming customers from the incumbent when the customer has not knowingly provided consent to switch providers) and unreasonable contract terms.

END NOTES

[1] See also ERG, Common Position on the approach to appropriate remedies in the ECNS regulatory framework, Final Version May 2006