Question
India Chemical is an Indian company active in the production of industrial chemicals. India Chemical is a leading producer of industrial chemicals used in the
India Chemical is an Indian company active in the production of industrial
chemicals. India Chemical is a leading producer of industrial chemicals
used in the production of domestic (household) cleaning agents
worldwide. India Chemical has extensive business operations in the EU,
and it supplies its products to all major manufacturers of cleaning agents
in the different EU Member States. The industrial chemicals market is
considered a stable one and no other company has attempted to enter
into this market in recent years. India Chemical's share in the supply of
industrial chemicals used in the production of domestic cleaning agents
in the EU is about 80%; its market share in relation to the production of
all types of industrial chemicals in the EU, however, is considerably lower
than this. Two years ago, this market share was about 50%. India
Chemical has a number of competitors in the EU but none of them holds
a market share higher than 2%.
Advise India Chemical on the application of EU competition law to each
of the following proposals:
(a)
They would like to offer their customers favourable discounts on
future purchases of all types of industrial chemicals purchased
from them;
(b)
They are proposing to refuse to supply new customers who do
not commit to purchasing exclusively from them; and
(c)
They are proposing to raise their prices by 40%. Their customers
are not happy with this possible price increase but they believe
that there is little they can do.
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