CASE COMMENT: UNILATERAL PRACTICE - ABUSE OF DOMINANT POSITION – COMMERCIAL DISPARAGEMENT - CALCULATION OF THE AMOUNT OF THE FINE
Damage to a competitor’s reputation: The French National Competition Authority fines the exclusive supplier of the ‘Yoplait’ brand in Martinique for commercial disparagement towards one of its competitors (SNYL/Socrema/Antilles Glaces)
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By Decision No. 14-D-08 of 24 July 2014, the French Competition Authority jointly and severally imposed a penalty of EUR 1,670,000 on Société Nouvelle des Yaourts de Littée (SNYL) and its parent companies Socrema and Antilles Glaces, for abusing their dominant position on the market for fresh dairy products in Martinique, in breach of the provisions of Article L. 420-2 of the Commercial Code. That company, a pioneer in the establishment of yoghurt in Martinique in the early 1950s, has been the exclusive supplier of the 'Yoplait' brand in Martinique since 1976, a brand with which it is closely associated (pt. 291). In this case, at the request of the General
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