ARTICLE: UNILATERAL PRACTICES - ABUSE OF DOMINANCE - ABUSE OF ECONOMIC DEPENDANCE - DIGITAL ECONOMY

The digital giants in the face of the ban on abuse of economic dependence: The French counterattack

Does the recent conviction of Apple for abuse of economic dependence by the French Competition Authority attest to the usefulness of this qualification of national competition law in the fight against the omnipotence of the digital giants? We doubt it. For real competition issues, the qualification of abuse of a dominant position is more appropriate. And for issues of balance in commercial relations, other tools should be preferred, such as those resulting from the future ex ante regulation envisaged by the European Commission.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. As the European Commission sets out in search of a weapon that will enable it to counter the power of the American digital giants, the French have already found the parade! It would reside in the mobilization of this anti-competitive practice, unknown in European Union law but sanctioned by several national competition laws: the abuse of economic dependence. Is this the appropriate tool to meet the challenges posed by the digital economy? Would national competition laws, after coming up against the criticism of uselessness, make up for the shortcomings of EU law? 2. Abuse of economic dependence is a variety of unilateral practices that can be

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Anne-Sophie Choné-Grimaldi, The digital giants in the face of the ban on abuse of economic dependence: The French counterattack, November 2020, Concurrences N° 4-2020, Art. N° 97103, pp. 84-92

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