The French Competition Authority 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) the
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