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Competition Law

Charlotte Hall

Created on April 6, 2022

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Transcript

What is Competition law?

Understand the notions

Competition: Rivalry between companies selling similar products and services with the same goal: Gain profits and market shares.

Competition law: Set of rules that promote and protect undistorted and fair competition. Goal: Seek and Neutralize anticompetitive practices.

Protects companies AND consumers

2 functions:

  • Preventive: Guarantee freedom of competition and limit cartels
  • Repressive: Sanction abusive competitive behaviors

Main principles of competition law

Freedom of competition implies the prohibition of the following anti-competitive practices :

Fix prices agreements

Abuse of dominant market position

Cartels

Gun Jumping /Mergers

State aids

Source of Competition law

Competent Authorities

National Sources:

Autorité de la concurrence: THE competitive regulator in France, is composed by law experts and chaired by Emmanuel Combe.Fonction:

  • Enforcing competition rules
  • Preventing abuse of the market economy
  • Issuing sanctions in case of breach by

Rules of competition law are codified in the :

Code civil (fault-based liability) Code du commerce (L 410-1 and following)

Code pénal des affaires (misleading advertising, unfair commercial practices)

The European Commission:In charge of EU competition law violations and chaired by Margaret Vestager.

European Sources:

TFUE: Articles 101, 102 and 106 EU regulations ECJ jurisprudence