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A company’s economic power is usually limited by comparable offers from rival companies. However, for various reasons, some companies are not exposed to effective competitive pressure. While it is not prohibited to have such a position of power, it is the role of competition authorities to ensure that such market power is not abused.
What are the rules for large digital companies?
The purpose of abuse control is to prevent large, powerful companies from exploiting their economic power to the detriment of others.
Dominant companies which are not exposed to any substantial competition or have a paramount market position as well as powerful companies on which other companies are dependent are subject to abuse control.
Having a powerful market position is not prohibited per se. However, dominant companies are prohibited from discriminating against, impeding or exploiting other companies.
Abuse proceedings can result in the Bundeskartellamt prohibiting the abusive conduct in question, requiring the companies to act in line with the principles of competition, ordering the companies to pay reimbursements for abusively excessive prices or even imposing fines.