By Yasmine EDDAM
4 April 2025
Abuse of a dominant position is a major infringement of competition law. Penalties can amount to 10% of the offending company's worldwide turnover. It is therefore crucial to understand these penalties and the associated defence mechanisms in order to limit the legal and financial risks. Recent examples include Google (€2.4 billion), EDF (€1.8 billion) and Intel (€1.06 billion). These examples underline the importance of understanding the principles of fair competition, the foundation of competition law. The authorities distinguish between two main categories of abuse: exclusionary abuse and exploitative abuse. Exclusionary abuses aim to drive competitors out of business. The latter seek to take advantage of a dominant position to the detriment of commercial partners. The classification of such abuse is based on fundamental concepts, such as the determination of the relevant market and the assessment of the dominant position itself. This distinction determines the analysis...
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