Dominant Definition

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GLOSSARY

What does Dominant mean?

A dominant firm is one which is able to act largely independently of its competitors and customers in terms of pricing or output decisions. dominance has to be assessed within the context of an analysis of the degree of competition within a relevant market.

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Sentencing Guidelines for Corporate offenders—Money laundering checklist

Sentencing Guidelines for Corporate offenders—Money laundering checklist This Checklist summarises the Sentencing Council’s guidelines for money laundering offences committed by a corporate (Money Laundering Guidelines). The Money Laundering Guidelines can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. These include: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in sentence for a guilty plea (magistrates’ court) For more information, see Practice Note: Sentences imposed following conviction. Among these overarching guidelines, the General guideline: overarching principles (the General guideline) is specifically designed...

Rights of light—identifying provisions in leases—checklist

Rights of light—identifying provisions in leases—checklist This Checklist sets out which clauses in a lease and other relevant documents should be reviewed to determine whether a right of light exists. A right of light is an easement that entitles a landowner to receive natural light through an aperture in a building on its property. The owner of the land that is burdened by the right of light (the 'servient Building') cannot interfere with it without consent. On any proposed development it is therefore necessary to identify any neighbouring properties potentially enjoying a right of light (the 'dominant Building'). For further information regarding rights of light, see the following Practice Notes: • Establishing and maintaining rights of light • Rights of light—obstruction notices • Rights of light claims • Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, which means that a right of light can be acquired for their own benefit and in their own right by those with a...

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Costs orders following private prosecutions

Costs orders following private prosecutions Key documents This Practice Note should be read in conjunction with the following legislation and Practice Direction: • Prosecution of Offences Act 1985 (POA 1985) • Costs in Criminal Cases (General) Regulations 1986 (1986 Regulations), SI 1986/1335 • Practice Direction (Costs in Criminal Proceedings) 2015 [2015] EWCA Crim 1568 (as amended), and • Criminal Procedural Rules 2020 (CrimPR), SI 2020/759, Pt 45 Who can obtain costs in a private prosecution? Private prosecutor’s costs from defendants The prosecution’s costs can be ordered against the defendant in a private prosecution in the same circumstances as in a public prosecution, namely where: • the defendant has been convicted of an offence by the magistrates’ court • an appeal against conviction has been dismissed by the Crown Court • the defendant has been convicted of an offence by the Crown Court • an application to appeal against conviction has been refused by the Court of Appeal, or • an appeal against conviction has been dismissed by...

Case T- 699/14 Topps Europe v Commission (rejection of complaint) [Archived]

Case T- 699/14 Topps Europe v Commission (rejection of complaint) [Archived] CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 11 January 2017; it is no longer maintained. See further: timeline and relevant/related cases Case facts Outline Appeal to the General Court seeking annulment of the Commission decision of 15 July 2014 rejecting a complaint brought by Topps Europe (a producer of football collectibles) which alleged that FIFA, UEFA and four national football federations license their rights for the World Cup and Euro football tournaments to Panini SpA (a competitor of Topps) in an anti-competitive way (in breach of Articles 101 and 102 TFEU). The Commission decided not to open an in-depth investigation on the basis of enforcement priorities and, as part of this consideration, its determination that there was a limited likelihood of establishing the existence of an infringement. This case focuses on the Commission's procedure and discretion for dealing with competition law complaints. Latest development On 11 January 2017, the General Court dismissed...

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Legal due diligence questionnaire—private M&A—share purchase

Legal due diligence questionnaire—private M&A—share purchase Dated [insert date] Introduction This legal due diligence questionnaire relates to the proposed purchase by [insert buyer name] (the Buyer) of the entire issued share capital of [insert name of target company] Limited incorporated in England and Wales under number [insert company number] (the Company) from [insert seller name] (the Seller) (the Proposed Acquisition). This questionnaire is designed to enable the Buyer, the Buyer's solicitors and other professional advisers involved in the Proposed Acquisition to obtain the information which the Buyer requires to assist in its valuation of the Company. Please answer every question fully. Please provide your answers in italics underneath each question and provide copies of all relevant documentation, ensuring that all answers and documents are clearly marked by reference to the appropriate paragraph of this questionnaire. We reserve the right to raise further enquiries in respect of both your responses to this questionnaire and generally. Definitions Business • means the business of [insert...

Competition law compliance—exclusive agreement checklist

Competition law compliance—exclusive agreement checklist Please use this checklist before entering into any exclusive agreement. Assessing whether exclusivity is likely to lead to anti-competitive effects is not a straightforward exercise—there are a number of factors to consider, and in many instances, exclusive arrangements may not be possible at all. Please seek guidance from [insert, eg Head of Legal] if you have any questions or concerns. 1 Exclusivity Factor Result Comments Is the buyer obliged or induced to concentrate its orders for a particular product or service with only one supplier (so-called single-branding/exclusive sourcing)?Note that even an obligation or inducement to purchase more than 80% of the requirements from one supplier counts as exclusivity. ☐ Yes☐ No [Insert comments] Has the supplier agreed to sell its products to only one distributor for resale in a particular territory (which in turn is limited in its ability to actively sell the product into other territories—so-called exclusive distribution)? ☐ Yes☐ No [Insert comments] Does the agreement contain a combination of exclusive...

Dive into our 40 Precedents related to Dominant

Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)?

Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)? An easement of light like any other easement is a right that benefits one plot of land by giving such rights over adjacent land. A right to light is an important right as it prevents the owner of the servient land from interfering with that right, for example, by the construction of buildings on their plot of land which would block light. The scope of such a right is ordinarily that the dominant land has the right to a reasonable amount of natural light from the sky to the windows of their buildings. The right to light applies in respect of windows or other apertures in a building rather than to the land itself. The right is therefore not a general right to receive light but rather relates to a specific dwelling house or other building: see Colls v...

What is the effect of a provision in a deed of easement that provides that the exercise of the rights by the grantee is conditional upon the grantee not being in material breach of the covenants contained within the deed? Rights of way are sometimes drafted on the basis that exercise of the rights is subject to payment of maintenance costs. Is there is difference between the meanings of 'conditional upon' and 'subject to' in this context?

What is the effect of a provision in a deed of easement that provides that the exercise of the rights by the grantee is conditional upon the grantee not being in material breach of the covenants contained within the deed? Rights of way are sometimes drafted on the basis that exercise of the rights is subject to payment of maintenance costs. Is there is difference between the meanings of 'conditional upon' and 'subject to' in this context? We refer you to the following extract from Halsbury’s Laws of England which you may find useful: • Obligation to repair way: Halsbury's Laws of England It appears to be settled law that an easement may be granted on the ‘condition’ that the dominant owner for the time being complies with an obligation to repair, and therefore would be determinable or defeasible on non-compliance. In Halsall v Brizell, Upjohn J stated: 'It is… conceded to be ancient law that a man cannot take benefit under a deed without...

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Commission v Intel Corporation—Court of Justice provides clarity on loyalty rebates (Commission v Intel Corporation)

Competition analysis: On 24 October 2024, the Court of Justice delivered its long-awaited judgment in Commission v Intel Corporation (Case C-240/22 P). In a high-profile finding against the Commission, the case focused on the application of Article 102 TFEU and the ‘as efficient competitor’ (AEC) test to exclusivity rebates. The judgment is notable in light of the EC draft Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings that were published shortly beforehand. The Guidelines attribute a presumption of likely exclusionary conduct to rebates of the type adopted by Intel between 2002 and 2007. Significantly, the Court of Justice judgment appears to reverse this by adopting an effects-based approach. It affirmed the General Court’s conclusion that loyalty rebates provided by a dominant entity are not per se abusive. Rather, a full assessment of their actual or potential effects on competition must be conducted. For Intel, a US company that designs, manufactures and sells processors and other semiconductor components, the judgment upholds the annulment of...

EU Competition law—daily round-up (13/02/2025)

A round-up of EU competition law developments, including (1) the Court of Justice’s judgment clarifying jurisdiction in competition damages actions under the Recast Brussels Regulation, and (2) Court of Justice’s judgment setting aside the General Court’s judgment regarding the Commission’s decision approving aid to Timișoara Airport in favour of Wizz Air and refers the case back to the General Court

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