COMPETITION • FRENCH LAW ABUSE OF DOMINANT POSITION

Under the terms of Article L. 420-2, paragraph 1 of the Commercial Code, abuse of a dominant position may notably consist in the imposition of discriminatory terms and conditions of sale. A practice of price differentiation must, in order to be considered abusive, concern buyers placed in a comparable situation and create a competitive disadvantage. Preferential tariffs, in particular in favor only of customers of companies belonging to the same group of undertakings, or price lists imposing unjustified differences in treatment, constitute abuse.