By Yasmine EDDAM
23 April 2025
Having a large market share, or even a dominant position in a digital market, is not in itself a breach of competition law. It is often the reward for commercial success, innovation or judicious investment. What is prohibited, however, is the abuse of this position to restrict competition or exploit business partners and customers, practices that touch on the principles of unfair competition. Article 102 of the Treaty on the Functioning of the European Union and article L. 420-2 of the French Commercial Code keep a close eye on this. But when is a company considered to be dominant? And what practices, commonplace for an ordinary company, become abusive when they emanate from a dominant player? In the digital economy, which is characterised by network effects, economies of scale and the importance of data - all factors that create numerous challenges for competition law on the Internet - certain companies can become...
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