Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Section 2 of the Act prohibits the abuse of a dominant position in terms equivalent to those of Article 102 TFEU.
Section 2(2) establishes a non-exhaustive list of abusive conduct. The list essentially mirrors the behavior prohibited in Article 102 TFEU, with the addition of the unjustified refusal to satisfy requests for the sale of a product or the supply of a service.
Subsection 3 of Section 2  …

Abuse of a dominant position

Section 2 of the Act prohibits the abuse of a dominant position in terms equivalent to those of Article 102 TFEU.

Section 2(2) establishes a non-exhaustive list of abusive conduct. The list essentially mirrors the behavior prohibited in Article 102 TFEU, with the addition of the unjustified refusal to satisfy requests for the sale of a product or the supply of a service.

Subsection 3 of Section 2 specifies that the prohibition applies even where the dominant position in the market of one or more undertakings has been established by legal provisions.

Finally, under Section 6, the CNMC may make a finding of inapplicability of Section 2 where the public interest so requires.

Spanish law also prohibited the abuse of a situation of economic dependency. Section 6(1)(b) of Act No 16/1989 defined economic dependency as a situation where clients or suppliers do not have an equivalent possibility of exercising the activity in question. Such a situation was presumed to exist when a supplier, in addition to the usual discounts, would grant a regular customer additional advantages that are not granted to similar buyers. Act No 15/2007 removed the specific reference to the abuse of economic dependency from the Protection of Competition Act. In fact, this prohibition was redundant since it was already covered by the provisions of Act No 3/1991 of 10 January 1991 on Unfair Competition (Ley de Competencia Desleal). However, under Section 3 of Act No 15/2007, the competition authorities may hear acts of unfair competition such as abuses of economic dependency, which affect the public interest by the distortion of free competition.

Global Competition Law

684. Abuse of a dominant position

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Les notions juridiques connexes

684. Abuse of a dominant position

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise