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Schuhmacher, Florian --- "Finding of dominance in Austria and Germany – what is the proper role of presumptions of dominance?" [2017] ELECD 448; in Parcu, L. Pier; Monti, Giorgio; Botta, Marco (eds), "Abuse of Dominance in EU Competition Law" (Edward Elgar Publishing, 2017) 97

Book Title: Abuse of Dominance in EU Competition Law

Editor(s): Parcu, L. Pier; Monti, Giorgio; Botta, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785367618

Section: Chapter 6

Section Title: Finding of dominance in Austria and Germany – what is the proper role of presumptions of dominance?

Author(s): Schuhmacher, Florian

Number of pages: 22

Abstract/Description:

Austria and Germany both have provisions on the abuse of dominance that incorporate the principles of the abuse of dominance under Article 102 TFEU. However, both national laws differ from the European provision in respect to the finding of dominance. Both national laws contain legal presumptions for dominance shifting the burden of proof to the defendant. The presumptions apply to single and collective dominance. The chapter analyses theses presumptions conceptually and how they are applied in practice in the jurisprudence of the German and Austrian courts, as well as in the decisions of the Austrian and German National Competition Authorities (NCAs). Keywords: presumption of dominance; market share; Section 18 GWB; Section 4 Austrian Kartellgesetz