Trademark issues and anticompetitive practices

Brand management has become an essential part of companies’ competitive strategy. Yet, brands are still secondary in most economic analysis and raise questions in competition law. The economic and legal analysis of anti-competitive practices does not seek to analyze brands specifically, but can sometimes recognize their role to develop barriers to entry. Decisions rendered by competition authorities and national courts in France concerning brands are often limited to cases of possible abuse of dominant position by former legal monopolies. However, one can learn from the limited consideration of the strategic and economic analysis of brands. Indeed, it would be necessary to develop the recognition, by the competition authorities, of the role of brands in the definition of relevant markets and in economic analyses, as there are specific tools developed by management sciences for analyzing and valuing the power of the brand.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Brand management has become one of the essential elements of a company's competitive strategy. However, brands are still assets at the margin of economic analysis and raise questions of competition law. Indeed, brands aim to reduce, or even eliminate, price competition by attaching the consumer to the values that they deploy, in particular through communication, and which cannot therefore be easily reproduced by competition. 2. The purpose of this article is to present how economic and strategic analysis has progressively integrated the role of trademarks (I.) and the issues raised by trademarks into the economic and legal analysis of anti-competitive

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Maurice Nussenbaum, Claire KARSENTI, Trademark issues and anticompetitive practices, February 2016, Concurrences N° 1-2016, Art. N° 77644,

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