The ICN Unilateral Conduct Working Group was established in May 2006, at the Fifth Annual ICN Conference. Its primary objectives are to examine the challenges involved in addressing anticompetitive unilateral conduct of dominant firms and firms with market power, and to promote greater convergence and sound enforcement of laws governing unilateral conduct. The Working Group benefits from the participation of representatives from ICN member agencies and non-governmental advisors from around the globe.
In line with the Working Group’s Mandate, in its first year, the Working Group prepared a Report examining the goals of unilateral conduct laws, the definition and assessment of dominance/substantial market power and unilateral conduct issues related to state-created monopolies. Based on the Report, in 2007-2008, the Working Group developed Recommended Practices on the assessment of dominance/substantial market power and Recommended Practices on the application of unilateral conduct rules to state-created monopolies. The Working Group has also begun the second phase of its work on the analysis of specific types of conduct. Working Group members developed and responded to a questionnaire, which formed the basis for Reports on agency practice with regard to predatory pricing and exclusive dealing. Pursuant to its current Work Plan, the Working Group continues to examine potentially abusive conduct. The Working Group has drafted a questionnaire to compile information on ICN agency practice concerning tying, bundled discounts and single-product loyalty discounts and rebates. The Working Group is organizing a workshop aimed at furthering understanding of issues raised in its reports and recommended practices. The workshop will take place in Washington D.C. on March 23-24, 2009. Click here for more information on the workshop.
Contact Information
The Co-chairs of the Unilateral Conduct Working Group are Randolph W. Tritell, Director, Office of International Affairs, United States Federal Trade Commission, and Markus Lange, Head of German Bundeskartellamt’s International Section. For more information about the Unilateral Conduct Working Group, please contact:
Ms. Elizabeth Kraus
Deputy Director for International Antitrust, Office of International Affairs
US Federal Trade Commission
Phone: +1 202 326 2649
E-mail: ekraus@ftc.gov
Mr. Kai Hooghoff
International Section
German Bundeskartellamt
Phone: + 49 228 9499 221
E-mail: kai.hooghoff@bundeskartellamt.bund.de