Principle

“The abuse of a dominant position is prohibited on the same terms as collusion is (as part of anti-competitive practices targeted by article L. 420-1 of the French Code of Commerce). Thus, this prohibition applies when such practices are used, directly or not, to obstruct, restrict or tamper the competition on any given market".

We intervene either to assist companies that have suffered prejudice due to an abuse of a dominant position from a competitor or companies that have been found guilty of abuse of a dominant position and are seeking advice in assessing the prejudice claimed by their competitors.

Method

• Highlighting the abuse of a dominant position if existing (defining the relevant market on which the company’s dominant position has been assessed; research of distinctive evidence demonstrating the company’s domination on its market, knowing that owning a significant share of the market does not necessarily characterize a dominant position on its own;

• Proof of the abuse (refusal to sell, tying, discriminatory terms of sales or breaking-off of business relations on the motive that one of the partners refuses to submit to unreasonable business conditions…)

• Evaluation of the prejudice experienced by the competitor(s) by comparing their present business situation with the one they would have had without an abuse of a dominant position

Results

 Drawing up of a financial report endorsing legal argumentation from our client’s legal advisors
 Appropriate response to the arguments given by the adverse party
 Legal counselling of our client during all proceedings (experts reports, courts of law…)

We helped them :

 P&O(en demande), Microsoft (en défense), France telecom (en défense), Lastminute (en demande), OGF (en défense), Iliad (en demande)...