The Unilateral Conduct Working Group has developed an impressive body of work that provides guidance on defining market power and dominance:

 Recommended Practices on Dominance/Substantial Market Power Analysis Pursuant to Unilateral Conduct Laws;

 Report on the Objectives of Unilateral Conduct Laws, Assessment of Dominance / Substantial Market Power, and State-Created Monopolies; and

 Workbook Chapter on Assessing Dominance / Substantial Market Power, adopted at this year’s Annual Conference in The Hague.  

 The Workbook discusses how to apply the concept of “dominance” in practice, and, in particular, how to use various types of evidence to determine whether or not a firm is “dominant.”  The first section discusses the concept of dominance and its relationship to the notion of market power, including basic approaches ICN members use to define dominance.  The Chapter’s following sections discuss defining a relevant market (both product and geographic), analysis of barriers to entry, and the role of buyer power in evaluating dominance.