Les abus de domination: Essai en droit des contrats et en droit de la concurrence

Anne-Sophie Choné

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Abuse of dominance is the practice by which the holder of a position of dominance exploits it abusively. Competition law and contract law deal with it through other concepts such as abuse of dominant position, abuse of economic dependence, injury, unfair terms, economic violence... Despite the numerous means at the disposal of the competition authorities and the courts, the fight against abuses of dominance sometimes misses its objective. This inadequacy is essentially explained by their poor distribution within the division of rights. Thus, when the sanction is aimed more at rebalancing the contractual relationship than at regulating the market, the abuse should be dealt with not by competition law, but by contract law. Improving their treatment implies reorganizing it. Two abuses of dominance must be distinguished, on the model of the abuse of a dominant position, which separates abuse of eviction from abuse of exploitation. The first, called "abuse of the market", is that which, by harming competitors, restricts competition in the market. For this reason, it is up to competition law to sanction it in accordance with the logic of this discipline. The second, called "abuse of contract", affects the contractual balance, by harming the contractor placed in a situation of dependence. Its sanction, because it serves the contract, comes under contract law.



Anne-Sophie Choné-Grimaldi, Les abus de domination: Essai en droit des contrats et en droit de la concurrence, December 2010, Concurrences N° 4-2010, Art. N° 109969

Publisher Economica

Date 30 August 2010

Number of pages 444

ISBN 9782717858907

Visites 45

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