By Yasmine EDDAM
4 April 2025
Holding a dominant position in a market is not illegal. But taking advantage of it to engage in anti-competitive behaviour is punishable under French and European law. These practices are known as abuse of a dominant position, and can result in colossal fines - up to 10% of the worldwide turnover of the companies concerned. For any company director, understanding this legal framework is essential to ensure that your company is fully protected by the law. Article L. 420-2 of the French Commercial Code and Article 102 of the Treaty on the Functioning of the European Union (TFEU) prohibit these abusive practices, so you have a comprehensive understanding of competition law. But how do you know if your company is in a dominant position? What behaviour is considered abusive? There are three key stages in the competition authorities' analysis, which we will explain in more detail below: determining the relevant market, characterising the dominant position, and then qualifying the abuse, looking in particular at the various manifestations...
EN 
FR