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New unilateral conduct rules significantly broadened

In March 2021 Parliament approved a counterproposal to the Fair Price Initiative, thereby revising the Cartel Act (CartA) and adopting the concept of relative market power . Under the new law, prohibitions previously applicable only to dominant companies will be extended to companies with relative market power. The new law also introduces a geo-blocking ban. Concept of relative market power The revision of the CartA extends the prohibitions previously applicable only to dominant companies (eg, the abusive refusal to supply goods or the abusive discrimination between trading partners in relation to prices, pursuant to Paragraph 7 of the CartA) to companies with relative market power . A company is considered to have relative market power if other companies depend on it with respect to the supply of or demand for a product or service in such a way that there is no sufficient and reasonable possibility to switch to other companies.

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