Abuse of a dominant position
Abuse of dominant position and exclusivity agreements: case law and practices
By Yasmine EDDAM29 June 2025Exclusivity agreements, the ultimate commercial partnership tools, can quickly become a source of dispute when implemented by a company in a dominant position. Competition law does not prohibit them as a matter of principle, but examines them with particular care to identify practices that distort competition. For a company director, whether in a position of strength or dependent on a major supplier, it is essential to understand the boundary between a legitimate commercial strategy and an abuse of a dominant position. A seemingly innocuous contract may conceal clauses with far-reaching effects that could render the company liable. Analysing these complex situations requires a detailed knowledge of legal mechanisms and case law, an area in which the support of an advisor is often decisive in securing business relationships. If you have any questions about these issues, you can call on our firm's expertise in...
Abuse of exploitation: when the dominant company imposes unfair conditions
Abuse of dominant position, Commercial, business and competition lawA company in a dominant position has the economic power to act independently of its competitors and customers. While this position is not prohibited per se, competition law punishes its abusive exploitation, particularly when it leads to the imposition of unfair trading conditions. These practices, less...Exclusionary abuses: practices designed to eliminate competition explained
Abuse of dominant position, Commercial, business and competition lawAbuse of a dominant position is one of the main breaches of competition law. Among its manifestations, exclusionary abuses are particularly damaging to the functioning of markets. These practices, carried out by companies in a dominant position, are aimed at eliminating existing competitors or preventing new ones from entering the market...Relevant market and dominant position: the keys to competitive analysis
Abuse of dominant position, Commercial, business and competition lawCompetitive analysis is an essential pillar of competition law. To establish the existence of an abuse of a dominant position, two steps are essential: defining the relevant market and establishing a dominant position on that market. These concepts, which seem abstract at first glance, nonetheless determine the...Abuse of a dominant position: understanding and identifying prohibited practices
Abuse of dominant position, Commercial, business and competition lawCompetition law governs the behaviour of companies in the marketplace to ensure fair and effective competition. Among anti-competitive practices, abuse of a dominant position is particularly closely monitored by the authorities. This complex concept, governed by Article L.420-2 of the French Commercial Code and Article 102 of the Treaty...
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