CASE COMMENTS: UNILATERAL PRACTICE – ECONOMIC DEPENDENCE ABUSE – LOYALTY REBATES

Exclusionary abuse: The Paris Court of Appeal modifies the Marseille Commercial Court judgements and characterises the commercial strategy of the operator of a ferry connection with Corsica as an abuse of economic dependence (Rocca Transports, SNCM)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment of the Paris Court of Appeal in the Rocca Transports case is of particular importance in that it recognises an abuse of economic dependence, a particularly rare qualification in competition law. The reluctance to apply the provisions of Article L. 420-2 of the Commercial Code to situations involving the abuse of a situation of economic dependence is in stark contrast to the place that this concept occupies in public debate. This is particularly the case in the mass retail sector, as was observed in the summer of 2015. Indeed, this notion is usually considered, with reluctance, only from the point of view of trade imbalances (L. 446-2 of the

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  • Côte d’Azur University, GREDEG (Nice)

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Frédéric Marty, Exclusionary abuse: The Paris Court of Appeal modifies the Marseille Commercial Court judgements and characterises the commercial strategy of the operator of a ferry connection with Corsica as an abuse of economic dependence (Rocca Transports, SNCM), 22 October 2015, Concurrences N° 1-2016, Art. N° 77420, pp. 99-100

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