114764
| Question | Answer |
| What's the relevant market? | Product Geographical |
| Product Substitutability | Goods and Services interchangeable with products (Bananas!) |
| Product Sub - DEMAND | SSNID Profitable? Would consumer switch to substitue? Yes --> market includes products |
| Product Sub - SUPPLY | Would supplier be able to switch with ease to production? E.g. Paper Supplier |
| DOMINANCE | Easily act INDEPENDENTLY Thresholds! +75% +50-60% 40-50% + evidence IP Rights Superior distribution systems exclusive technology |
| CONSEQUENCES OF ABUSE | Fines 10% group turnover Restraint Order - act Termination/mod of agreement Cease infringing behaviour |
| Failure to co-operate with investigation | Fines of up to 1% world turnover |
| Limited immunity from fines - small businesses | too small to have signif impact JT of parties must not exceed £20 million turnover of undertaking must not exceed £50 million |
| limited immunity not available where | price fixing infringements of art 101 or 102 |
| ENFORCEMENT | NCA OFT can be involved in investigations 'reasonable grounds for suspecting infringement' |
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