The Case of Abuse of Dominant Position in the Way of Price Discrimination of Centromin Peru
¡Ðadminsitrative action prosecuted by Peruvian's National Industries Society and others vs. Centromin Peru S.A.:
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The summary of this case illustrates the difficulties involved in defining the concept of relevant market in the case of export products or commodities, which at the same time are used as inputs in other export oriented activities. The case is especially important since during the process the law (Legislative Decree No.701) was amended (by Legislative Decree No. 807), showing how law and tariff policies could be used as barriers that could end being even more important than natural market barriers.
The analysis shows that in the case of refined lead used in the preparation of lead oxide and electrical accumulators, the relevant market from the product point of view is refined lead of no less than 99.97% pureness, and the relevant geographical market is the national one.