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Ever since AKZO, it is believed that EU case law adopts rebuttable presumption of dominance at 50 per cent market share.
2) Dominance where an Undertaking undertaking has market shares in the range of 40% to 50 %
Court of Justice demonstrated in its case-law that also an undertaking with a market share below the 50 per cent threshold can be found dominant. In United Brands vs. Commission, the undertaking which was found dominant had a market share between 40 and 45 per cent. Market shares above 40 per cent may be relevant to find dominance. However in the case of 40%- 50%, the conclusions depend on i) changes of market share in the long term, ii) the strength and number of the competitors, iii) the market shares of second place.
3) Dominance where an Undertakings undertakings has market share in the range of 30%-40%
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