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Konkurencijos taryba has adopted the guidance indicating the main principles and criteria used when assessing if an undertaking holds a dominant position, as well as its position in the relevant market, i.e. market power. The Explanations concerning the assessment of a dominant position will enter into force on 1 May 2020.

Having summarized the case law of the European Union, national courts and competition authorities, Konkurencijos taryba described the following criteria used to establish a dominant position: market shares of a possibly dominant undertaking and its competitors, other circumstances important when assessing the market shares, barriers to expansion and entry, countervailing buyer power and other criteria, for instance, the results of economic activity of a possibly dominant undertakingits position in related markets. Information on circumstances and instances essential for evaluating the aforementioned criteria provided in the document can be used by undertakings to assess their own position in the market.

The document describes the principles for establishing both an individual and collective dominant position, as well as for evaluating a dominant position in multi-sided markets, such as in social networking or hotel booking cases.

Konkurencijos taryba had submitted the draft Explanations concerning the assessment of a dominant position for public consultation inviting all interested parties to comment.