...
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 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.
...
