ultimately of its consumers’ . Dominant positions are assessed in 11 relation to the internal market as a whole, or at least a substantial part of it. How much of the market is taken into account will depend on the nature of the product, the availability of alternative products, and consumers’ behaviour and readiness to switch to alternative products. The Commission is currently preparing a comprehensive review of its approach to defning the concept of relevant market. A dominant position is not in itself an infringement of EU competition law, and the holders of such positions are allowed to compete on merit, like any other company. However, a position of dominance confers on undertaking a special responsibility to ensure that its conduct does not distort competition. This means that the same conduct, if engaged in by a non-dominant frm, would not necessarily be illegal. Examples of behaviour that would amount to abuse of dominant position include setting prices at below cost level (predation), charging excessive prices, tying and bundling, and refusal to deal with certain counterparts. Article 102 TFEU itself provides a non-exhaustive list of examples of abusive practice. Comment The ongoing battle between Ryanair and online travel agents is an interesting one for all concerned with the travel industry. It is not too much to say that it may be existential as far as some smaller agents are concerned; and herein lies the difculty for Ryanair. Although the airline is trying to position itself as a victim of agents’ attempts to steal its business and, in doing so, provide its customers with a poor purchasing United Brands Company and United Brands Continentaal BV v Commission of the 11 European Communities, Case C-27/76.
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