CASE COMMENTS : UNILATERAL PRACTICES – ABUSE OF A COLLECTIVE DOMINANT POSITION – FIDELITY REBATES – SANCTION

Abuse of a collective dominant position: The Court of cassation rules that the annulment of a NCA decision in relation to an abuse does not necessarily imply that the fine must be reduced in a case where the conduct of French cement producers had initially been sanctioned both as anticompetitive agreements and as abuse of a collective dominant position (Lafarge and Vicat)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, July 12, 2011, Lafarge and Vicat, n° 10-17482 and 10-17791, "Corsican Cement". (See also, supra, "Agreements" column, obs. Mr. Debroux) The facts Two French cement manufacturers, Lafarge and Vicat, had been condemned by the Competition Council for practices whose object and effect was to maintain their dominance on the Corsican cement market to the detriment of their competitors, in particular Italian competitors. These practices combined different techniques and several anti-competitive elements. They included both a horizontal agreement between competing cement manufacturers and vertical agreements between cement manufacturers and their

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  • Catholic University of Louvain

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Anne-Lise Sibony, Abuse of a collective dominant position: The Court of cassation rules that the annulment of a NCA decision in relation to an abuse does not necessarily imply that the fine must be reduced in a case where the conduct of French cement producers had initially been sanctioned both as anticompetitive agreements and as abuse of a collective dominant position (Lafarge and Vicat), 12 July 2011, Concurrences N° 4-2011, Art. N° 39653, pp. 103-104

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