Abuse of a dominant position

By Yasmine EDDAM

4 May 2025

Abuse of a dominant position, Commercial, business and competition law

Competitive 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, nevertheless determine the fate of many disputes involving companies of all sizes. This article takes a look at these fundamental concepts and the methods used to analyse them. Why is defining the relevant market essential in competition law? Competition law, particularly as regards abuses of a dominant position, first requires a precise identification of the economic territory in which a company operates. This delimitation is an essential prerequisite. The functionality of market definition The Autorité de la concurrence (French competition authority) points out that "defining the relevant market is essential in competition law" because it makes it possible to identify the perimeter in which a company...