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Proceedings before the Competition Authority: how is a case launched?
Your company is the subject of a competition investigation, or you are considering bringing a case before the Autorité for a practice you are experiencing. The procedure is governed by precise rules, from referral to sanction, and each stage determines the strength of your position. This guide covers the entire process before the Competition Authority.
The relationship between EU and national competition law
Your company operates on the French market and is wondering which rules apply to its commercial practices: national or European competition law? The two often apply simultaneously, according to precise criteria that condition the risk of sanctions. Understanding this relationship is a practical necessity, not a theoretical question.
Unfair competitionRegulation (EU) 2022/720 on vertical restraints: deciphering and implications
A poorly assessed distribution clause can expose your company to heavy penalties under competition law. Regulation (EU) 2022/720, which has been in force since June 2022, has radically revised the rules governing vertical agreements to take account of the realities of online commerce and digital platforms. Here's what you need to know to secure your distribution contracts.
Unfair competitionVertical restraints: a complete guide to competition law and distribution agreements
A floor price imposed on your resellers, a territorial exclusivity clause, a ban on selling on marketplaces: these vertical restrictions are lawful under strict conditions. Exceeding the thresholds of the European exemption regulation can result in fines of up to 10 % of worldwide turnover.
Commercial lawCollective dominance: criteria and evidence in competition law
Your sector is dominated by two or three players who seem to be acting in concert without formally consulting each other: you may be faced with a collective dominant position. This concept, set out in Article L. 420-2 of the French Commercial Code and Article 102 of the TFEU, exposes its holders to severe penalties in the event of abuse. Identifying the criteria that characterise it is the first step in assessing your risk or defending your interests.
Abuse of a dominant position: understanding and identifying prohibited practices
Your company is suffering from the practices of a dominant player who is distorting competition to your detriment. Abuse of a dominant position is punishable by up to 10 % of worldwide sales - but you still need to know how to characterise it and identify the remedies available. We analyse the criteria, the prohibited practices and the remedies available to companies that are victims.
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