Abuse of a dominant position

Abuse of a dominant position: understanding and identifying prohibited practices
By Yasmine EDDAM
4 May 2025
Abuse of a dominant position, Commercial, business and competition law
Competition 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 on the Functioning of the European Union (TFEU), needs to be clarified. When do we talk about a dominant position? What practices are considered abusive? What remedies are available to companies that are victims? Our analysis will help you to better understand these key issues. What is a dominant position in competition law? A dominant position is a situation in which a company has the economic power to act independently of its competitors, customers and consumers. This situation is not prohibited per se, but it does impose a particular responsibility on the company concerned. The concept of the relevant market: definition and importance Before analysing the existence...