Comments on selected issues for study by the US Antitrust Modernization Commission

As a world business organisation with members from all sectors in over 130 countries, ICC is able to draw on a rich range of international perspectives from different sectors on these issues.
With its long history of interest in the issues below, it is hoped that the following comments may assist the AMC to identify priority areas for further work.

Consideration of the effects of a practice should focus on the maintenance or enrichment of market power, not structural dominance.
When enforcement agencies or tribunals protect competition through the regulation of single-firm conduct, they must engage in the task of distinguishing between firms that achieve or maintain a dominant position through legitimate means and those that have done so through means that hinder the competitive process.
Dominant firms often employ behavior that combines valuable innovation with aggressive marketing.