The French Competition Council hands out two key decisions in relation to the concept of abuse of state of economic dependence (Concurrence - National union of the written press distributors SNDP)

A provision specific to French competition law In France, in addition to the prohibition against the abuse of a dominant position, national competition law prohibits the abusive exploitation by a company or a group of companies (not necessarily dominant) of a situation of economic dependence that it holds vis-à-vis a supplier or a client provided that it is liable to harm the functioning or the structure of competition (Article L. 420-2 (2) of the French Commercial Code). Such provision is stricter than Article 82 of EC of the Treaty but however compatible with EC law as it refers to a unilateral conduct engaged in by undertakings and not to agreements [1] . Originally, this provision was designed to protect two categories of professionals considered as particularly at risk : (i)

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Jérôme Philippe, Lucas Niedolistek, The French Competition Council hands out two key decisions in relation to the concept of abuse of state of economic dependence (Concurrence - National union of the written press distributors SNDP), 20 January 2009, e-Competitions Bulletin January 2009, Art. N° 24337

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