CASE COMMENT : UNILATERAL PRACTICES - ABUSE OF A DOMINANT POSITION - COLLECTIVE DOMINANT POSITION - ANTICOMPETITIVE AGREEMENT

Collective dominant position : The French Supreme Court holds that contractual ties alone do not suffice to create a collective dominant position (Ciments corses)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 7 July 2009, "Corsican Cement", appeal n°H08-15.609 Facts The companies Lafarge cements (Lafarge) and Vicat were granted exclusive rights, with the possibility of subdelegation, to operate the storage and bagging infrastructure of the port of Bastia by the Chamber of Commerce and Industry, in exchange for the granting of a loan to redevelop that infrastructure. They then signed a subdelegation agreement for the operation of this infrastructure with the Groupement Logistique Ciments Haute-Corse for 30 years, in return for an exclusive supply commitment. The Competition Council, seized by the Minister for the Economy, had condemned these

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Dominique Ferré, Collective dominant position : The French Supreme Court holds that contractual ties alone do not suffice to create a collective dominant position (Ciments corses), 7 July 2009, Concurrences N° 4-2009, Art. N° 29901, www.concurrences.com

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