...
2) Dominance where an undertaking has market shares in the range of 40% to 50 %
The 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 Court said 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.
...
