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Assessing the market dominance of an undertaking is not a straight-forward task which involves the analysis of several factors discussed in this Part B of our Competition Law Series on Abuse of Dominance. Assessing market dominance entails an examination of a combination of factors which cannot be considered in isolation but in relation to each other. Thus, the Abuse of Dominance Regulations (2022) (“Regulation”) provides that a determination dominance is derived from a combination of several factors which taken separately, are not necessarily determinative and that the Federal Competition and Consumer Protection Commission (“Commission”) will examine the facts underlying each specific circumstance and the characteristics of the relevant market in which the undertaking operates before concluding whether the undertaking under investigation is dominant or otherwise.

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