User:Kierandowson/sandbox

First it is necessary to determine whether a firm is dominant, or whether it behaves "to an appreciable extent independently of its competitors, customers and ultimately of its consumer."[24] Under EU law, very large market shares raise a presumption that a firm is dominant,[25] which may be rebuttable.[26] If a firm has a dominant position, then there is "a special responsibility not to allow its conduct to impair competition on the common market"[28] Currently, a 39.7% market share is the lowest threshold the courts have deemed to be dominant. However, market share is only an indicator of whether a firm is dominant. In Paragraph 14 of the Guidance on Article 102 Enforcement Priorities, the Commission “considers that low market shares are generally a good proxy for the absence of substantial market power. The Commission’s experience suggests that dominance is not likely if the undertakings market share is below 40%”. Same as with collusive conduct, market shares are determined with reference to the particular market in which the firm and product in question is sold.