(c) Abuse of a ‘dominant position’ (‘monopolisation’)

Striving towards (or being in) a dominant market position as such is not prohibited. EU competition law merely prohibits the abuse of such a position and in the U.S., the Sherman Act prohibits monopolisation, attempts to monopolise and conspiracies to monopolise. A company with a dominant market position may compete on quality of its products. However, it must not hinder effective competition or the growth of competition. For example, it is not permitted to treat distributors, licensees or customers differently without justification. Whether or not behaviour is abusive and prohibited depends on whether the company has a dominant position: this must be assessed as outlined in section 5.6(b)(iii).